Page 1

The significance of the Char Dham board verdict 2

The US is belatedly facing up to the ugly truth about shifty China 6

Vice President expresses concern over growing pendency of cases at all levels of judiciary 8

New equality, enduring changes 19

Vice President asks civil servants to be pro-active change-agents in building a New India 21

Why a presidential system makes sense 29

Talking tough: The Hindu Editorial on the Naga issue 31

Suo motu contempt power is inherent: SC 34

Judiciary has great power, including power to punish for contempt. It must use it sparingly,

softly. 36

Jurisdictional conflict in the running of Delhi 38

Judicial remedies for the Jammu and Kashmir net restrictions 42

Less taxing: The Hindu Editorial on National Recruitment Agency 46

A losing proposition: The Hindu Editorial on nativism, sons of the soil and jobs 49

Contempt powers, in the people’s name 52

Contempt powers, in the people’s name 56

Union Cabinet approves setting up of National Recruitment Agency 60

Cabinet approves setting up of National Recruitment Agency to conduct Common Eligibility Test62

The crisis in fiscal federalism 70

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Source : www.thehindu.com Date : 2020-08-03

THE SIGNIFICANCE OF THE CHAR DHAM BOARDVERDICTRelevant for: Indian Polity | Topic: Indian Constitution - Features & Significant Provisions related to Fundamental

Rights, Directive Principles and Fundamental Duties

In a major setback to Hindutva arguments on the state’s control of Hindu temples, theUttarakhand High Court on July 21 upheld the constitutionality of the Uttarakhand Char DhamDevasthanam Management Board Act, 2019 that was surprisingly enacted by the BharatiyaJanata Party government though Hindtuva forces are opposed to such kind of laws.

All religious reforms are resisted. Thus the Sabrimala judgment (2018) saw huge public protestssimilar to those after the Shah Bano judgment (1985). From the bogey of ‘minorityappeasement’, the nation has now moved to injustices against Hindus. Hindus are under threatis the new battle cry. This writer favours grant of autonomy to Hindu temples in managing theirreligious affairs as state control of temples is neither constitutionally permissible nor desirable.But in the last six years, the central government has not taken any initiative to release templesfrom the clutches of the state.

Also read | Chardham project: Supreme Court panel split on width of access roads

The Uttarakhand law allegedly takes control of four of the most sacred places in the Stateincluding Kedarnath and Badrinath, which was challenged by MP and former MinisterSubramanian Swamy. Such laws are in place for a number of temples such as Jagannath Puri(1955), Vaishno Devi(1988), Shrinathji at Nathdwara (1959), Mahakal at Ujjain (1982), KashiVishwanath (1983), and Tirupati Balaji temple (1987). Interestingly even Manu’s code providedthat priests do not have the absolute right in temple management; instead, kings (state) inancient India had a vital say in temple management. Even Kedarnath and Badrinath were understate management as prescribed by the Shri Badrinath and Kedamath Temples Act, 1939. Thenewly enacted law merely replaced this Act. The Chief Justice of the Uttarakhand High Court,Ramesh Ranganathan-led Bench in its 129 page order not only cited 144 judgments but alsoexamined all issues connected with the violation of religious rights of Hindus in templemanagement.

Though Hindutva forces blame the Congress party and secularism for these laws, these lawswere upheld by courts. Thus, the Shri Jagannath Temple Act was upheld by the Supreme Courtof India in Raja Birakishore vs The State Of Orissa (1964), the Nathdwara Temple Act in TilkayatShri Govindlalji Maharaj vs The State Of Rajasthan And Others (1963), the Tirupati Balaji law inShri A.S. Narayana Deekshitulu vs State Of Andhra Pradesh & Ors (1996) and the UttarPradesh Sri Kashi Vishwanath Temple Act in Sri Adi Visheshwara Of Kashi ... vs State Of U.P.And Ors (1997). There are consistent judgments of the Supreme Court such as State Of OrissaAnd Sri Jagannath ... vs Chintamani Khuntia & Ors (1997) and M.P. Gopalakrishnan Nair & Anrvs State Of Kerala & Ors (2005) holding that the management of temple is primarily a secularact.

Chief Justice Ranganathan (he retired on July 27, 2020) accordingly held that though offerings(of money, fruits, flowers or any other thing) are given to the deity, religious practice ends withthese offerings, and that collection and distribution of these offerings for the maintenance andupkeep of temple are secular activities.

The Supreme Court in Nar Hari Sastri And Others vs Shri Badrinath Temple Committee (1952)

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had already held Badrinath to be a public temple of Hindus and not confined to any family ordenomination, and that secular activities of these temples can be regulated by the state. TheCourt explicitly said that legislature is not bound to demonstrate mismanagement of templeswhile enacting such laws.

One of the major arguments of Hindutva victimhood is that this kind of state control is absent forMuslim waqfs and Sikh gurudwaras. But then as many as 27 waqf laws have been enacted sofar. The Shiromani Gurudwara Parbandhak Committee Act too was enacted in 1925. In thelatest judgment, Chief Justice Ranganathan rightly observed that it is not necessary that thelegislature should make a law uniformly applicable to all religious or charitable institutions orendowments. Acknowledging the diversities of our society, he went to say in paragraph 34 that‘enactment of a uniform law in one go, though desirable, may perhaps be counter-productive’.Thus, the concept of one nation, one law was impliedly rejected.

Moreover the right to management under Article 26 (Freedom to manage religious affairs) canonly be claimed after the fact of establishment has been proved. Dr. Swamy could not prove‘who established the Badrinath temple after Hindu temples were destroyed by Buddhists’ andwho has been deprived of right to management. The judgment thus acknowledges that thehistory of temple destruction in India certainly pre-dates Muslim invasion.

The court held that Article 26 cannot be invoked if the denomination never had the right tomanage temple properties. It merely acknowledges the pre-existing right. Dr. Swamy failed toconvince the court about any denominational sect having managerial rights in respect of thesetemples. Relying on earlier decisions, the court clarified that ‘in matters of religion’, right tomanagement is a guaranteed fundamental right under Article 26(b) but in respect of properties,the right to administer properties under Article 26(c) is to be exercised in ‘accordance with law’.Thus, the state is entitled to regulate administration of religious or temple properties by means ofvalidly enacted law. But a law that completely and permanently takes away the right tomanagement will clearly be violative of Article 26(c).

The biggest setback to the Hindutva group is the rejection by the High Court of recognisingSanatan Dharma as a Hindu denominational sect. In paragraph 83, the court observed that the“Hindu dharma is said to be ‘Sanatana’, i.e. one which has eternal values: one which is neithertime bound nor space bound.” Since all Hindus by and large have faith in Sanatan Dharma, theycannot be equated to any religious denomination, for the chord of a common faith and spiritualorganisation which unites the adherents together, is absent. Citing the Sabrimala judgment(2018), the court observed that Hindu believers including those of the Shaivite and Vaishnaviteforms of worship, are not denominational worshippers. No caste or sub-caste or sect of theHindu religion, who worship mainly a particular deity or god, can be termed as a religiousdenomination.

The judgment is likely to be stayed on this point by the Supreme Court as a nine-judge Bench ofthe court is reviewing the Sabrimala verdict on the rights of denominational sects.

Finally, the plea based on Article 31-A(saving of laws providing acquisition of estates) was alsorejected though the 2019 Act indeed vested the administration of these temples in the CharDham board in ‘perpetuity’ rather than for the limited duration as is permissible under Article31A(b) because properties of these temples will continue to be owned by the deities and merepossession will be vested with the board.

Faizan Mustafa is Vice-Chancellor of NALSAR University of Law, Hyderabad. The viewsexpressed are personal

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Source : www.livemint.com Date : 2020-08-03

THE US IS BELATEDLY FACING UP TO THE UGLYTRUTH ABOUT SHIFTY CHINA

Relevant for: Indian Polity | Topic: State Legislatures - structure, functioning, conduct of business, powers &privileges and issues arising out of these

Secretary of state Pompeo admits that America’s had a misguided China strategy for half acentury

On 23 July, US secretary of state Mike Pompeo delivered a speech that is the clearestadmission ever by a top US official that his country’s leadership had followed a wrong Chinastrategy for half a century. And to say this, Pompeo chose the Richard Nixon Presidential Libraryand Museum as a venue. President Nixon began the current US-China relationship in 1971,after 22 years of hostility.

Pompeo said that US policymakers had presumed for decades “that as China became moreprosperous, it would open up, it would become freer at home, and indeed present less of athreat abroad". They had been totally mistaken. “And if we don’t act now," said Pompeo,“ultimately the Chinese Communist Party (CCP) will…subvert the rules-based order that oursocieties have worked so hard to build. If we bend the knee now, our children’s children may beat the mercy of the CCP, whose actions are the primary challenge today in the free world."

Secretary of state Henry Kissinger visited China in 1971, and soon after, the US began providingfinancial and military assistance. In the late 1970s, Deng Xiaoping realized that to prosper,China needed to obtain knowledge and skills from the US, the key being technology. In 1979,Deng and President Jimmy Carter signed agreements that led to the US providing China, asanalyst Michael Pillsbury put it, “the greatest outpouring of American scientific and technologicalexpertise in history". The next year, the US granted China most-favoured-nation status as atrading partner. Wrote Pillsbury in 2015: “There is no available accounting of all the activitiesfunded by the US government to aid China. Not only is America funding its chief opponent, itdoesn’t even keep track of how much is being spent to do it."

In the 1980s, the Ronald Reagan administration funded and trained new Chinese state-runinstitutes specializing in high-tech areas, from genetic engineering to intelligent robotics. UScompanies began investing in China, agreeing (or being coerced) to transfer often-proprietarytechnology to Chinese firms. Wall Street bankers grew mega-rich while raising billions of dollarsfor Chinese companies, many of them dubious, with very few following transparent accountingnorms.

Americans paid no attention to the fact that Chinese textbooks continued to portray the US as ahegemon that, for more than 150 years, had tried to stifle China’s rise. Or that the ChineseNational Museum in Beijing, where the CCP tells its version of Chinese history, consistentlyshows America as an evil power. The list of anti-China US presidents showcased range fromAbraham Lincoln (who surely didn’t have much time to think about China) to—incredibly—Nixon.The US ignored Document 9, a 2013 CCP position paper that stated that the belief that“freedom, democracy and human rights are universal" is an attack on the foundations of theCCP, and “promoting Western constitutional democracy" is an “attempt to undermine… thesocialism-with-Chinese-characteristics system of governance".

Soon after the terror attacks of 9 September 2001, The Telegraph of London reported that “theChinese state-run propaganda machine is… producing books, films and video games glorifying

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the strikes as a humbling blow against an arrogant nation". The State-owned Beijing Televisionproduced a documentary, Attack America, in which, over the video of the jets crashing into theWorld Trade Centre, the narrator says: “This is the America the whole world has wanted to see.Blood debts have been repaid with blood." Yet, a mere three months after 9/11, China achievedits dream of admission to the World Trade Organization (WTO), principally due to strong USsupport. Since then, it has repeatedly flouted WTO rules.

The People’s Liberation Army’s (PLA’s) cyber warfare division, Unit 6139, has been found to behacking into vital US computer systems for years, from its department of defence to Google andAT&T, and stealing data and technology. The J-20, the PLA’s answer to the American stealthfighter jet F-35, may have been developed with F-35 designs stolen from the US. But whenChinese President Xi Jinping visited the US in 2015, Barack Obama agreed to Chinesedemands not to raise the issues of intellectual property theft and the PLA’s cyber attacks.

Last month, Christopher Wray, director of the Federal Bureau of Investigation, describedChinese stealing of scientific research from US industry and academia as “theft on a scale somassive that it represents one of the largest transfers of wealth in human history". In one case,Chinese scientist Hongjin Tan alone was found to have stolen over $1 billion worth of tradesecrets from his employer, a petroleum company, before getting caught.

But none of this is a great revelation to any China watcher. These facts have been known foryears, if not decades. The only mystery is why the US government took so long to wake up. AsPompeo put it, “Perhaps we were naive about China’s virulent strain of communism, ortriumphalist after our victory in the Cold War, or cravenly capitalist, or hoodwinked by Beijing’stalk of a ‘peaceful rise’." Whatever the reason, it is good news for the world that America isfinally facing the truth about Beijing.

Sandipan Deb is a former editor of ‘Financial Express’, and founder-editor of ‘Open’ and‘Swarajya’ magazines

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Source : www.pib.gov.in Date : 2020-08-05

VICE PRESIDENT EXPRESSES CONCERN OVERGROWING PENDENCY OF CASES AT ALL LEVELS OFJUDICIARY

Relevant for: Indian Polity | Topic: Judiciary in India: its Structure, Organization & Functioning, Judges of SC &High Courts, Judgments and related Issues

The Vice President, Shri M. Venkaiah Naidu today expressed concern over the mountingpendency of cases from the Supreme Court to the lower courts and urged the government andthe judiciary to ensure faster justice by addressing the issue.

Addressing through virtual mode the Platinum Jubilee meet of Dr B.R. Ambedkar College ofLaw, Andhra University on the occasion of its 76th Foundation Day, he underscored the need tomake  delivery of justice speedier and affordable. Citing adjournment of cases over long periods,he observed that justice was becoming costly and referred to the well-known proverb “justicedenied is justice delayed”.

The Vice President said that Public Interest Litigations (PILs) should not become private interestlitigations for personal, pecuniary and political interests.  There was nothing wrong if it was for alarger public cause, he stressed.

Asking the law students to be the voice of the voiceless and to use their legal knowledge toempower the marginalized people, he advised them to take up legal aid for the poor as acommitment. He also told the budding lawyers to nurture professionalism and ethical conduct,while being fearless and fair when it comes to discharging their duties. “Fight injustice whereverit exists and in whichever manner it is perpetuated”, he added.

Highlighting the need to avoid ambiguity while drafting laws, the Vice President said laws shouldbe simple and uncomplicated. The focus should not only be on the letter but also on the spirit ofand the intent behind our laws. “The intent and purpose of the law must be very clear”, headded. 

Observing that lawyers are capable of bringing about great social transformation, the VicePresident said that as a society evolves, so must its laws. “We must constantly introspect andscrutinize our laws from the prism of justice, fairness, equity, compassion and humanity andmust continually reform and update our laws, rules and regulations”, he said.

Shri Naidu said that laws which do not find a place in a progressive society must be repealedwithout prejudice and without delay, while modifying others to suit the times.

Calling for an all-round effort to improve our justice system, the Vice President spoke of theneed to continually improve our legal infrastructure and access to justice, especially for thecommon man. Expressing concern that a vast majority of our laws and regulations were stillillegible to the ordinary citizen, he called for the expansion of legal literacy.

Referring to the New Education Policy, he stressed the need to impart basic primary and upperprimary education in mother tongue. “I go a step further, in due course of time, we must strivehard to see that all our systems and public life mother tongue must be used, practiced andpropagated. Whether it is education, whether it is governance or whether it is judiciary, peoplemust be able to speak, argue and write in their mother tongue so that they are able to expressfreely”.

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Quoting Gandhi Ji, who had said “the ancient ideal of Ramarajya is undoubtedly one of truedemocracy in which the meanest citizen could be sure of swift justice without an elaborate andcostly procedure”, the Vice President said “ the foundation of Ramarajya is truth and justice andthat is what we aspire for when we strengthen various institutions of democratic governance,including the judiciary”.

He asked young students to look upon legal profession as a mission and always be ready to beof service to the most powerless and helpless of our citizens.

Advising students to remain life-long learners and understand the nuances of our democraticsystem and the functioning of its institutions and processes, Shri Naidu stressed the need tomake policies that are not only legally sound but also morally righteous and socially just.

Paying rich tributes to the founder of the College, Dr C.R. Reddy, he recalled his student daysand said that his time at the college laid strong foundations to his political and public life.

Justice T. Rajani and Justice, Battu Devanand, Hon'ble Judges of the Andhra Pradesh HighCourt, Prof. P.V.G.D. Prasada Reddy, Vice Chancellor, Andhra University, Prof. S. Sumitra,Principal, Dr. B.R. Ambedkar College of Law, Prof. D.S. Prakasa Rao, Dean, Faculty of Law,Andhra University, Prof.K.Gupteswar , Founder Principal, Dr. B.R. Ambedkar College ofLaw, Dr.P.S.Rao, Special Adviser, Attorney-General Office, State of Qatar and others werepresent on the occasion.

The following is the full text of the speech:

I am delighted to join all of you in this Platinum Jubilee meeting today on the auspiciousoccasion of the 76th Foundation Day of Dr B.R. Ambedkar College of Law, Andhra University. Itgives me great pleasure to tell you that I myself am a proud alumnus of this great temple oflearning.

The Law College was established in Andhra University in 1945 in order to meet a long felt needfor a College of Law in this part of the country, which was then a part of the province of Madras.

On this momentous occasion of celebrating Platinum Jubilee, we must remember with gratitudethe great visionary, Dr. C.R. Reddy, the founder Vice Chancellor of Andhra University, whosefarsightedness led to the establishment of this institution of great stature. Dr.CattamanchyRamalinga Reddy, in consultation with Jurists like Sri Lionel Leach, Chief Justice of Madras, SriP.V.Rajamannar, the then Advocate General of Madras, Sri V. Govindarajachari, Advocate anda few others, laid the foundations of this college.

This College began its illustrious journey in 1945 and was inaugurated by the legendary Judgeof the Madras High Court, Sri Rajamannar. This college, the then department of law, wasoriginally located in Machilipatnam and was relocated in 1949 to Waltair, which is the presentVisakhapatnam. Prof. S. Venkataraman was the first Head of the Department of Law &Professor of Law. It became independent from being part of Arts, Commerce and Law wing ofAndhra University and was renamed as Dr. B.R. Ambedkar College of Law. This college wasone of the first institutions to introduce semester system in 1975, much before the Bar Council ofIndia has envisaged it. It is also one of the few institutions offering international law as a field ofspecialization in post graduation since long time.

Dr. C R Reddy was an ardent believer in promoting academic and scholarly study of law. Hevisualized this institution as a centre for comparative and interdisciplinary study of Law, whichwould mould outstanding practitioners and teachers of law.

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I pay my humble tributes to the great soul today.

As a matter-of-fact, I spent some of the most significant and memorable years of my life as astudent leader and a prominent personality of Jai Andhra movement in Visakhapatnam. I wasinitially imprisoned in Visakhapatnam and later shifted to Mushirabad Jail in Hyderabad duringthe infamous Emergency. In all, I was in prison for about one-and-half years. My only fault wasthat as a student leader, I had invited Shri Jayaprakash Narayan to address a public meeting atVisakhapatnam and that was used as a pretext by the then government to send me to jail alongwith several other opposition leaders at that time.

I feel fortunate to have studied in this college. My stay in this college laid a strong foundation forpolitical and public life. I always cherish my long association with the beautiful city ofVisakhapatnam and its people. I paid my reverential respect in a facebook post, to all my gurusincluding the professors who taught us different subjects in the law college- Shri B S Murtygaru,Shri Gopalakrishna Sastry garu, Shri Gupteswargaru, Shri Laxmana Rao garu, ShriRamachandra Rao garu; Shri Appalanaidugaru, Shri Santosh garu, Shri Jaganmohangaru, ShriPadmanabhamgaru, Shri Krishna Murtygaru.

It is heartening to note that since its inception, the college had outstanding jurists and LegalLuminaries as the Members of the Faculty.

I am happy to note that the College has been constantly endeavouring to raise the benchmarksfor teaching and research to prepare the students for advanced study and research at LL.M.,and Ph.D. levels and to build their careers at the Bar.

Platinum Jubilee is a major milestone for any institution. It is an occasion not only to list out theachievements, but also to introspect and chalk out a roadmap for the future. Let me take thisopportunity to congratulate each and every one of you on this occasion.

My dear sisters and brothers,

It is also appropriate that this college has been named after one of the most eminent jurists Indiahas ever seen, the chief architect of the Constitution of India, Dr Bhimrao Ramji Ambedkar.

Dr Ambedkar was a multi-faceted genius—a visionary statesman, philosopher, toweringintellectual, eminent jurist, economist, writer, social reformer and a humanist par excellence. Thenation will be ever grateful to the iconic leader for his stellar contribution in drafting theConstitution and for his pioneering role in guiding the nation at a critical juncture.

Dr Ambedkar left an indelible imprint on the sands of time and his thoughts are relevant for alltimes. Indeed, he was the messiah of the oppressed and all through his life, he strove todismantle the caste barriers and ensure equality for all people.

He strongly believed in gender equality and emancipation of women through education. Hefamously said: "Political democracy cannot last unless there lies at the base of it socialdemocracy. What does social democracy mean? It means a way of life which recognizes liberty,equality and fraternity as the principles of life."

As students of law, I ask each and every one of you to understand the life and work of DrAmbedkar and to draw inspiration from it so that you may serve this nation to the best of yourability.

My dear young friends,

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You have the good fortune of being enlightened in the portals of a premier educationalinstitution. As inheritors of the legacy of Dr Ambedkar and as budding lawyers, each one of youmust always strive to protect the constitution. Please remember that several eminent legalluminaries played a crucial role in laying strong foundations for our democratic republic. Thetallest leaders of our freedom struggle, from Mahatma Gandhi to Bal Gangadhar Tilak to C.Rajagopalachari, Lala Lajpat Rai and TanguturiPrakasamPantulu were lawyers.

I have always felt that the leadership of lawyers played a major role in the evolution of ourindependence struggle where we sought freedom, basic rights and democracy in a peaceful andnon-violent manner using reasoned argument and moral courage which are traits of excellentlawyers. We all are also aware of the decisive role played by lawyers in drafting our constitution.

As advocates and jurists of tomorrow, you have an equally important role to play in shaping thefuture of this country.

Having been a student of law myself, I would like to dwell on the significance of legal educationin nation building. As a society and nation governed by the rule of law, we must focus not onlyon the letter but also on the spirit of and the intent behind our laws.

There should not be any room for ambiguity while drafting laws. They should be simple anduncomplicated. Any ambiguity can lead to the possibility of misinterpretation and misuse andthat should be totally avoided.

Although many youngsters are joining law courses and becoming lawyers, there continues to bemanpower shortage. We need to study the reasons for the same and take remedial steps. At thesame time, it should be remembered that quality is more important than quantity. I feel that thejudiciary should also focus on this issue.

Over the years, India has produced many outstanding and eminent jurists like V R Krishna Iyer,Nani Palkhivala, Fali S. Nariman, Soli Sorabjee, Harish Salve, P. B. Gajendragadkar,KokaSubba Rao, K S Hedge and Hans Raj Khanna, who did not budge or bend during theEmergency to safeguard the fundamental rights of the people.

Lawyers are capable of bringing about great social transformation. As society evolves, so mustour laws. We must constantly introspect and scrutinize our laws from the prism of justice,fairness, equity, compassion and humanity and must continually reform and update our laws,rules and regulations. Laws which do not find a place in the progressive society must berepealed without prejudice and without delay, while modifying others to suit the times.

In the same spirit, there must be an unrelenting quest to improve our justice system. We mustcontinually improve our legal infrastructure and access to justice, especially for the commonman. A vast majority of our laws and regulations are still illegible to the ordinary citizen. Herecomes the importance of expanding the reach of legal literacy and the need to simplify our lawsand rules. I appreciate the government for scrapping several redundant and obsolete laws.

It is not sufficient to take justice to the people. We must also ensure that the intricacies of thelegal system are understood by them in the languages they speak and understand.

There is also a need to make the delivery of justice speedier and affordable. The legalprofession must continue to address this issue collectively.

My dear young friends,

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As students of this prestigious university, you must constantly endeavour to find ways in whichyou can give back to the society and the country. You must look upon legal profession as amission and must be always ready to be of service to the most powerless and helpless of ourcitizens. Be the voice of the voiceless. Use your legal knowledge and acumen to empower themand make their lives better.

I call upon each and every one of the students joining us today to take up legal aid for the pooras a commitment. As lawyers and jurists of the future, always try to be responsive. Nurtureprofessionalism and ethical conduct, while being fearless and fair when it comes to dischargingyour duty. Fight injustice wherever it exists and in whichever manner it is perpetuated.

India undoubtedly has one of the best constitutions in the world. It places at its centre thehighest of human values and has justice, liberty and equality as its cornerstones. It seeks tobanish the social evils such as gender inequality, discrimination, communalism and casteismand endeavours to provide equality and equal protection of laws to all citizens. It was DrAmbedkar who once remarked that “Constitution is not a mere lawyers’ document, it is a vehicleof Life, and its spirit is always the spirit of Age.”

Dear youngsters, always remain life-long students. Understand the nuances of our democraticsystem and the functioning of its institutions and processes. Help policy makers in makingpolicies that are not only legally sound but also morally righteous and socially just. A democracycannot be healthy without informed participation. Inform yourself and inform others. Help thenation create better citizens who are able to access all the opportunities that our country offers.

I am sure that as lawyers of the future, you will always strive for positive social change and takeup the mantle of leadership in our quest to build a New India.

Before I conclude, I would like to recollect the words of Gandhi Ji, who had said, “Whether Ramaof my imagination ever lived or not on this earth, the ancient ideal of Ramarajya is undoubtedlyone of true democracy in which the meanest citizen could be sure of swift justice without anelaborate and costly procedure. Even the dog is described by the poet to have received justiceunder Ramarajya.” The foundation of Ramarajya is truth and Justice and that is what we aspirefor when we strengthen various institutions of democratic governance including Judiciary.

Tomorrow, we are going to witness a historic event at Ayodhya. An event that connects most ofus to our illustrious cultural heritage. An event that makes us recollect Ramayana, the timelessepic written at least two thousand years ago, that has become a part of our collectiveconsciousness.

It is indeed a moment of spontaneous celebration because we are bringing the glory of the pastalive and enshrining the values we cherish.

Rama is an embodiment of Indian culture. He is the ideal King, an ideal human being. Hecombines in himself some of the finest qualities a human being can aspire to imbibe.

On this auspicious occasion, as we start rebuilding the ancient temple on 5th August, 2020 atAyodhya for Rama and create a magnificent structure as desired by people, it would be good tounderstand and spread the universal message of Ramayana, the remarkable Indian epic, andenrich our lives based on its rich foundational values.

Once again, let me congratulate all of you on the 76th Foundation day of Dr B.R. AmbedkarCollege of Law, Andhra University. May this institution keep moulding lawyers of exceptionalcalibre and unblemished character and scale greater heights in the time to come.

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I wish each and every one of you the very best in your future endeavours.

Thank You!

Jai Hind!

*******

VRRK/MS/MSY/DP

The Vice President, Shri M. Venkaiah Naidu today expressed concern over the mountingpendency of cases from the Supreme Court to the lower courts and urged the government andthe judiciary to ensure faster justice by addressing the issue.

Addressing through virtual mode the Platinum Jubilee meet of Dr B.R. Ambedkar College ofLaw, Andhra University on the occasion of its 76th Foundation Day, he underscored the need tomake  delivery of justice speedier and affordable. Citing adjournment of cases over long periods,he observed that justice was becoming costly and referred to the well-known proverb “justicedenied is justice delayed”.

The Vice President said that Public Interest Litigations (PILs) should not become private interestlitigations for personal, pecuniary and political interests.  There was nothing wrong if it was for alarger public cause, he stressed.

Asking the law students to be the voice of the voiceless and to use their legal knowledge toempower the marginalized people, he advised them to take up legal aid for the poor as acommitment. He also told the budding lawyers to nurture professionalism and ethical conduct,while being fearless and fair when it comes to discharging their duties. “Fight injustice whereverit exists and in whichever manner it is perpetuated”, he added.

Highlighting the need to avoid ambiguity while drafting laws, the Vice President said laws shouldbe simple and uncomplicated. The focus should not only be on the letter but also on the spirit ofand the intent behind our laws. “The intent and purpose of the law must be very clear”, headded. 

Observing that lawyers are capable of bringing about great social transformation, the VicePresident said that as a society evolves, so must its laws. “We must constantly introspect andscrutinize our laws from the prism of justice, fairness, equity, compassion and humanity andmust continually reform and update our laws, rules and regulations”, he said.

Shri Naidu said that laws which do not find a place in a progressive society must be repealedwithout prejudice and without delay, while modifying others to suit the times.

Calling for an all-round effort to improve our justice system, the Vice President spoke of theneed to continually improve our legal infrastructure and access to justice, especially for thecommon man. Expressing concern that a vast majority of our laws and regulations were stillillegible to the ordinary citizen, he called for the expansion of legal literacy.

Referring to the New Education Policy, he stressed the need to impart basic primary and upperprimary education in mother tongue. “I go a step further, in due course of time, we must strivehard to see that all our systems and public life mother tongue must be used, practiced andpropagated. Whether it is education, whether it is governance or whether it is judiciary, peoplemust be able to speak, argue and write in their mother tongue so that they are able to express

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freely”.

Quoting Gandhi Ji, who had said “the ancient ideal of Ramarajya is undoubtedly one of truedemocracy in which the meanest citizen could be sure of swift justice without an elaborate andcostly procedure”, the Vice President said “ the foundation of Ramarajya is truth and justice andthat is what we aspire for when we strengthen various institutions of democratic governance,including the judiciary”.

He asked young students to look upon legal profession as a mission and always be ready to beof service to the most powerless and helpless of our citizens.

Advising students to remain life-long learners and understand the nuances of our democraticsystem and the functioning of its institutions and processes, Shri Naidu stressed the need tomake policies that are not only legally sound but also morally righteous and socially just.

Paying rich tributes to the founder of the College, Dr C.R. Reddy, he recalled his student daysand said that his time at the college laid strong foundations to his political and public life.

Justice T. Rajani and Justice, Battu Devanand, Hon'ble Judges of the Andhra Pradesh HighCourt, Prof. P.V.G.D. Prasada Reddy, Vice Chancellor, Andhra University, Prof. S. Sumitra,Principal, Dr. B.R. Ambedkar College of Law, Prof. D.S. Prakasa Rao, Dean, Faculty of Law,Andhra University, Prof.K.Gupteswar , Founder Principal, Dr. B.R. Ambedkar College ofLaw, Dr.P.S.Rao, Special Adviser, Attorney-General Office, State of Qatar and others werepresent on the occasion.

The following is the full text of the speech:

I am delighted to join all of you in this Platinum Jubilee meeting today on the auspiciousoccasion of the 76th Foundation Day of Dr B.R. Ambedkar College of Law, Andhra University. Itgives me great pleasure to tell you that I myself am a proud alumnus of this great temple oflearning.

The Law College was established in Andhra University in 1945 in order to meet a long felt needfor a College of Law in this part of the country, which was then a part of the province of Madras.

On this momentous occasion of celebrating Platinum Jubilee, we must remember with gratitudethe great visionary, Dr. C.R. Reddy, the founder Vice Chancellor of Andhra University, whosefarsightedness led to the establishment of this institution of great stature. Dr.CattamanchyRamalinga Reddy, in consultation with Jurists like Sri Lionel Leach, Chief Justice of Madras, SriP.V.Rajamannar, the then Advocate General of Madras, Sri V. Govindarajachari, Advocate anda few others, laid the foundations of this college.

This College began its illustrious journey in 1945 and was inaugurated by the legendary Judgeof the Madras High Court, Sri Rajamannar. This college, the then department of law, wasoriginally located in Machilipatnam and was relocated in 1949 to Waltair, which is the presentVisakhapatnam. Prof. S. Venkataraman was the first Head of the Department of Law &Professor of Law. It became independent from being part of Arts, Commerce and Law wing ofAndhra University and was renamed as Dr. B.R. Ambedkar College of Law. This college wasone of the first institutions to introduce semester system in 1975, much before the Bar Council ofIndia has envisaged it. It is also one of the few institutions offering international law as a field ofspecialization in post graduation since long time.

Dr. C R Reddy was an ardent believer in promoting academic and scholarly study of law. He

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visualized this institution as a centre for comparative and interdisciplinary study of Law, whichwould mould outstanding practitioners and teachers of law.

I pay my humble tributes to the great soul today.

As a matter-of-fact, I spent some of the most significant and memorable years of my life as astudent leader and a prominent personality of Jai Andhra movement in Visakhapatnam. I wasinitially imprisoned in Visakhapatnam and later shifted to Mushirabad Jail in Hyderabad duringthe infamous Emergency. In all, I was in prison for about one-and-half years. My only fault wasthat as a student leader, I had invited Shri Jayaprakash Narayan to address a public meeting atVisakhapatnam and that was used as a pretext by the then government to send me to jail alongwith several other opposition leaders at that time.

I feel fortunate to have studied in this college. My stay in this college laid a strong foundation forpolitical and public life. I always cherish my long association with the beautiful city ofVisakhapatnam and its people. I paid my reverential respect in a facebook post, to all my gurusincluding the professors who taught us different subjects in the law college- Shri B S Murtygaru,Shri Gopalakrishna Sastry garu, Shri Gupteswargaru, Shri Laxmana Rao garu, ShriRamachandra Rao garu; Shri Appalanaidugaru, Shri Santosh garu, Shri Jaganmohangaru, ShriPadmanabhamgaru, Shri Krishna Murtygaru.

It is heartening to note that since its inception, the college had outstanding jurists and LegalLuminaries as the Members of the Faculty.

I am happy to note that the College has been constantly endeavouring to raise the benchmarksfor teaching and research to prepare the students for advanced study and research at LL.M.,and Ph.D. levels and to build their careers at the Bar.

Platinum Jubilee is a major milestone for any institution. It is an occasion not only to list out theachievements, but also to introspect and chalk out a roadmap for the future. Let me take thisopportunity to congratulate each and every one of you on this occasion.

My dear sisters and brothers,

It is also appropriate that this college has been named after one of the most eminent jurists Indiahas ever seen, the chief architect of the Constitution of India, Dr Bhimrao Ramji Ambedkar.

Dr Ambedkar was a multi-faceted genius—a visionary statesman, philosopher, toweringintellectual, eminent jurist, economist, writer, social reformer and a humanist par excellence. Thenation will be ever grateful to the iconic leader for his stellar contribution in drafting theConstitution and for his pioneering role in guiding the nation at a critical juncture.

Dr Ambedkar left an indelible imprint on the sands of time and his thoughts are relevant for alltimes. Indeed, he was the messiah of the oppressed and all through his life, he strove todismantle the caste barriers and ensure equality for all people.

He strongly believed in gender equality and emancipation of women through education. Hefamously said: "Political democracy cannot last unless there lies at the base of it socialdemocracy. What does social democracy mean? It means a way of life which recognizes liberty,equality and fraternity as the principles of life."

As students of law, I ask each and every one of you to understand the life and work of DrAmbedkar and to draw inspiration from it so that you may serve this nation to the best of your

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ability.

My dear young friends,

You have the good fortune of being enlightened in the portals of a premier educationalinstitution. As inheritors of the legacy of Dr Ambedkar and as budding lawyers, each one of youmust always strive to protect the constitution. Please remember that several eminent legalluminaries played a crucial role in laying strong foundations for our democratic republic. Thetallest leaders of our freedom struggle, from Mahatma Gandhi to Bal Gangadhar Tilak to C.Rajagopalachari, Lala Lajpat Rai and TanguturiPrakasamPantulu were lawyers.

I have always felt that the leadership of lawyers played a major role in the evolution of ourindependence struggle where we sought freedom, basic rights and democracy in a peaceful andnon-violent manner using reasoned argument and moral courage which are traits of excellentlawyers. We all are also aware of the decisive role played by lawyers in drafting our constitution.

As advocates and jurists of tomorrow, you have an equally important role to play in shaping thefuture of this country.

Having been a student of law myself, I would like to dwell on the significance of legal educationin nation building. As a society and nation governed by the rule of law, we must focus not onlyon the letter but also on the spirit of and the intent behind our laws.

There should not be any room for ambiguity while drafting laws. They should be simple anduncomplicated. Any ambiguity can lead to the possibility of misinterpretation and misuse andthat should be totally avoided.

Although many youngsters are joining law courses and becoming lawyers, there continues to bemanpower shortage. We need to study the reasons for the same and take remedial steps. At thesame time, it should be remembered that quality is more important than quantity. I feel that thejudiciary should also focus on this issue.

Over the years, India has produced many outstanding and eminent jurists like V R Krishna Iyer,Nani Palkhivala, Fali S. Nariman, Soli Sorabjee, Harish Salve, P. B. Gajendragadkar,KokaSubba Rao, K S Hedge and Hans Raj Khanna, who did not budge or bend during theEmergency to safeguard the fundamental rights of the people.

Lawyers are capable of bringing about great social transformation. As society evolves, so mustour laws. We must constantly introspect and scrutinize our laws from the prism of justice,fairness, equity, compassion and humanity and must continually reform and update our laws,rules and regulations. Laws which do not find a place in the progressive society must berepealed without prejudice and without delay, while modifying others to suit the times.

In the same spirit, there must be an unrelenting quest to improve our justice system. We mustcontinually improve our legal infrastructure and access to justice, especially for the commonman. A vast majority of our laws and regulations are still illegible to the ordinary citizen. Herecomes the importance of expanding the reach of legal literacy and the need to simplify our lawsand rules. I appreciate the government for scrapping several redundant and obsolete laws.

It is not sufficient to take justice to the people. We must also ensure that the intricacies of thelegal system are understood by them in the languages they speak and understand.

There is also a need to make the delivery of justice speedier and affordable. The legal

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profession must continue to address this issue collectively.

My dear young friends,

As students of this prestigious university, you must constantly endeavour to find ways in whichyou can give back to the society and the country. You must look upon legal profession as amission and must be always ready to be of service to the most powerless and helpless of ourcitizens. Be the voice of the voiceless. Use your legal knowledge and acumen to empower themand make their lives better.

I call upon each and every one of the students joining us today to take up legal aid for the pooras a commitment. As lawyers and jurists of the future, always try to be responsive. Nurtureprofessionalism and ethical conduct, while being fearless and fair when it comes to dischargingyour duty. Fight injustice wherever it exists and in whichever manner it is perpetuated.

India undoubtedly has one of the best constitutions in the world. It places at its centre thehighest of human values and has justice, liberty and equality as its cornerstones. It seeks tobanish the social evils such as gender inequality, discrimination, communalism and casteismand endeavours to provide equality and equal protection of laws to all citizens. It was DrAmbedkar who once remarked that “Constitution is not a mere lawyers’ document, it is a vehicleof Life, and its spirit is always the spirit of Age.”

Dear youngsters, always remain life-long students. Understand the nuances of our democraticsystem and the functioning of its institutions and processes. Help policy makers in makingpolicies that are not only legally sound but also morally righteous and socially just. A democracycannot be healthy without informed participation. Inform yourself and inform others. Help thenation create better citizens who are able to access all the opportunities that our country offers.

I am sure that as lawyers of the future, you will always strive for positive social change and takeup the mantle of leadership in our quest to build a New India.

Before I conclude, I would like to recollect the words of Gandhi Ji, who had said, “Whether Ramaof my imagination ever lived or not on this earth, the ancient ideal of Ramarajya is undoubtedlyone of true democracy in which the meanest citizen could be sure of swift justice without anelaborate and costly procedure. Even the dog is described by the poet to have received justiceunder Ramarajya.” The foundation of Ramarajya is truth and Justice and that is what we aspirefor when we strengthen various institutions of democratic governance including Judiciary.

Tomorrow, we are going to witness a historic event at Ayodhya. An event that connects most ofus to our illustrious cultural heritage. An event that makes us recollect Ramayana, the timelessepic written at least two thousand years ago, that has become a part of our collectiveconsciousness.

It is indeed a moment of spontaneous celebration because we are bringing the glory of the pastalive and enshrining the values we cherish.

Rama is an embodiment of Indian culture. He is the ideal King, an ideal human being. Hecombines in himself some of the finest qualities a human being can aspire to imbibe.

On this auspicious occasion, as we start rebuilding the ancient temple on 5th August, 2020 atAyodhya for Rama and create a magnificent structure as desired by people, it would be good tounderstand and spread the universal message of Ramayana, the remarkable Indian epic, andenrich our lives based on its rich foundational values.

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Once again, let me congratulate all of you on the 76th Foundation day of Dr B.R. AmbedkarCollege of Law, Andhra University. May this institution keep moulding lawyers of exceptionalcalibre and unblemished character and scale greater heights in the time to come.

I wish each and every one of you the very best in your future endeavours.

Thank You!

Jai Hind!

*******

VRRK/MS/MSY/DP

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Source : www.indianexpress.com Date : 2020-08-06

NEW EQUALITY, ENDURING CHANGESRelevant for: Indian Polity | Topic: Indian Constitution - Features & Significant Provisions related to The

Preamble, Union & its Territories and The Citizenship

August 5 marked the first anniversary of the abrogation of the special status of Jammu andKashmir and conversion of the erstwhile state into two Union Territories — Jammu and Kashmirand Ladakh. But more than all this, it has meant the constitutional mainstreaming of thiserstwhile state and an end to the shameful, discriminatory and undemocratic policies pursued byan entrenched elite for seven decades.

In one sudden political strike, executed with surgical precision a year ago, Prime MinisterNarendra Modi and Home Minister Amit Shah abrogated the provisions — Article 370 and Article35A — that went against the core values of our Constitution and ensured that finally everyone inJammu and Kashmir secured the rights and privileges available to citizens all over the country.

Looking at the changes brought about in the past 12 months, it is obvious that the Uniongovernment has pulled out all the stops to ensure that everyone living in the two UnionTerritories would get a sense of the egalitarian principles that are firmly embedded in India’sConstitution. These developments extend to a wide range of issues like social and politicalequality, education, jobs, reservations and other rights enjoyed by the underprivileged in the restof the country.

It is indeed creditable that the government has ensured that all this has been achieved within aspan of 12 months. For the first time after seven decades, the Indian Constitution and all the 890Central laws are fully applicable to J&K. This has meant the application of 170 more Centrallaws to J&K, including progressive laws such as the Scheduled Caste and the Scheduled Tribes(Prevention of Atrocities) Act, 1954, the Whistle Blowers Protection Act, 2014, the NationalCommission for Safai Karamcharis Act, 1993, the Scheduled Tribes and Other Traditional ForestDwellers (Recognition of Forests Rights) Act, 2007, the National Commission for Minorities Act,and the Right of Children to Free and Compulsory Education Act, 2009.

The question we need to ask is why the leadership of the Congress, Left parties and the stateparties did not allow such crucial laws which protect the Dalits and other disadvantaged groupsto be implemented in the erstwhile state for all these years. Another discriminatory legalprovision, which prevented women in J&K from retaining their rights if they married outside thestate, has been put to an end.

The treatment meted out to around 10,000 municipal workers (safai karamcharis) in theerstwhile state was equally shameful. They were denied citizenship, access to education andjobs. Now, the municipal workers have become legitimate domiciles in the Union Territory withaccess to all rights and privileges and the Dalits and the tribal communities have got their due,as in other states. How could such discrimination happen within the geography of independent,democratic India all these years? What explanation do the Nehru-Gandhis, the Abdullahs, theMuftis, the Congress Party, the communists and their fellow travellers have for this? Why did thecommunists, the so-called standard-bearers of the working class, not take up the cause of theDalits and safai karamcharis in J&K?

Apart from these initiatives, the last 12 months have seen several other momentousdevelopments. The first of these is the rehabilitation of the Kashmiri Pandits, who were houndedout of the Valley 30 years ago by militants. The ethnic cleansing of nearly four lakh Kashmirisbelonging to the Hindu minority remained a blot on India’s secular credentials. In the year gone

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by, 4,000 of them have got jobs in the UT and many others are listed for employment. Also, over20,000 refugees from West Pakistan, who were treated as aliens in their own country anddenied all rights, have been given domicile rights and financial assistance of Rs 5.50 lakh perfamily.

The follow-up after the constitution of the two Union Territories has been swift. Simple ruleshave been formulated for issuing domicile certificates — this will create a much-needed level-playing field for all residents. The J&K government has also initiated a massive recruitment driveto fill up 10,000 vacancies in the local government; another drive to fill up 25,000 posts is in thepipeline. Also on the anvil are revised rules to enable the hitherto disadvantaged groups likeScheduled Tribes, OBCs and economically weaker sections to get employment.

Other measures which have ensured mainstreaming of the region are the enforcement of theRight to Information Act, 2005, direct supervision of the Central Vigilance Commission withregard to anti-corruption cases and the setting up of the 18th Bench of the CentralAdministrative Tribunal (CAT) for the UTs of J&K and Ladakh.

The decision to make Ladakh a separate Union Territory has been hailed by the people of theregion. It seemed inevitable because of the discrimination suffered by the region at the hands ofthe political leadership of the erstwhile state. The Union government has initiated innumerablemeasures to put Ladakh on the road to development. This includes work on massiveinfrastructure projects in both the UTs.

One year ago, the CPM described the abrogation as “an attack on democracy, secularism andthe Constitution”. Equally amusing was the statement of the Congress leader, Rahul Gandhi that“the nation is made by its people, not plots of land”. Really? If so, are not the Kashmiri Pandits,Dalits, tribal folk, municipal workers, people?

As one sees the fundamental changes brought about in the two UTs, they remind us of themonstrous failure of the Congress leadership which lacked the courage and confidence tocorrect these wrongs and hence chose to tout pusillanimity as an act of great statesmanship. Asa result, J&K slipped away from the liberal, secular and democratic traditions that India stood for.But that is now a thing of the past. It is now time to celebrate the new beginning.

The writer is former chairman, Prasar Bharati

The Indian Express is now on Telegram. Click here to join our channel (@indianexpress)and stay updated with the latest headlines

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Source : www.pib.gov.in Date : 2020-08-08

VICE PRESIDENT ASKS CIVIL SERVANTS TO BE PRO-ACTIVE CHANGE-AGENTS IN BUILDING A NEW INDIARelevant for: Indian Polity | Topic: Provisions related to UPSC, State PSCs and Civil Services in India, and their

Role in Democracy

The Vice President, Shri M Venkaiah Naidu today urged young IAS officers to treat theirvocation as a mission to bridge rich-poor, men-women and urban-rural divides and be pro-activechange-agents in building a New India.

Addressing the valedictory ceremonyof a two-year training programme for IAS officers 2018batch of at Lal Bahadur Shastri National Academy of Administration (LBSNAA) through videoconference, he said the socio-economic upliftment of marginalized sections should be their maingoal.

Reminding the officers that the unifier of India Sardar Vallabhbhai Patel dreamt of a civil servicethat would work zealously to create a new nation by fighting poverty and discrimination, the VicePresident asked them to be honest, disciplined, simple, responsible, transparent andaccountable.

Calling the former Prime Minister, Shri Lal Bahadur Shastri ji as a remarkable leader, Shri Naidusaid his hallmarks were integrity and humility, empathy and quiet efficiency, national pride andindomitable courage.

Urging the Officer Trainees to keep learning, thinking and innovating, Shri Naidu said “goodgovernance is what we need today”. He stressed that governance has to be lean but efficientwith a system that is transparent and responds to people’s needs and aspirations. It has to be asystem that delivers and creates conditions for growth and development.

The Vice President said that legislature may make any number of policies and laws butultimately it is the actual implementation of those policies on ground that matters.

A government will be remembered by the delivery of the services, he underlined and said that itwas the duty of civil servants to ensure that people get their entitlements without delay.

Whatever post you hold, you should create a record in good work so that people will rememberyou later, he told the young civil servants.

Stating that Sardar Patel’s had great faith in team work, Shri Naidu advised the civil servants todevelop teamwork by motivating their co-workers and subordinates to serve the people.

Shri Naidu said the Prime Minister, Shri Narendra Modi’s mantra of ‘Reform, Perform andTransform’ could be an inspiring backdrop for all their actions as they start innovating andbecoming better than the best governance leaders in the world.

Observing that India is at the cusp of a significant transformation, he said that despite thecurrent disruptive pandemic, there are a number of new opportunities for growth and self-reliant,resilient development. “You will have to take the lead in unfolding this new India”, he added.

Shri Naidu said the new India will be based on unleashing the forces of inclusive growth,enhancing the quality of life, deepening democratic traditions and strengthening institutions of

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public delivery.

Advising the young officers to remember Gandhi ji’s talisman when in doubt, the Vice Presidenttold the officers that they would be able to make the right choice if they possess a dispassionatecommitment to basic values of truth, fairness, justice, inclusion, public welfare andenvironmental protection.

Pointing out that the world was changing in unpredictable ways, he wanted them to anticipatethe changes and prepare to address the emerging challenges. “Nothing is static and anadministration that seeks to fulfill the aspirations of the people has to always remain dynamic”,Shri Naidu emphasized.

Emphasising that the language of administration should be the local language of the people TheVice President appreciated the officers for learning local languages during their training.

The Vice President also released a book, titled “Sixty-five Conversations” containing Mann KiBaat addresses of the Prime Minister, Shri Narendra Modi, which was brought out by theAcademy.

The Director of Lal Bahadur Shastri National Academy of Administration, Shri Sanjiv Chopra andother faculty members participated in the virtual valedictory function.

Following is the full text of the Vice President’s speech –

“I am pleased to address all of you in virtual mode at the valedictory of your two-year trainingprogramme.

I am sure the last two years have been fruitful and have given you a fairly good idea of theenormous challenges that lie ahead of you and the exciting opportunities that India of todayoffers to the emerging leaders like you.

You belong to a glorious lineage of civil servants who have made tremendous contribution toIndia’s growth and development during the last seventy-three years.

It is a civil service which has ensured that policies are well formulated and they are effectivelyimplemented.

It is a civil service that had colonial origins but got transformed into an essentially Indian cadreaddressing the administrative challenges of the  post-independence India.

I am addressing you from the Sardar Patel Conference Hall in UpaRashtrapathi Niwas and Ithink quite appropriately so, because you belong to what has been famously described as the‘Steel Frame’ by the late Sardar Vallabhbhai Patel, who was instrumental in creating the All IndiaServices.

The civil service that Sardar Patel dreamt of was an administrative set up that would workzealously to create a new nation that would fight poverty and discrimination and make India agreat country.

I am told that you have a very rigorous training schedule and during these two years, you havehad a good grounding in a number of subjects of Public Administration, Economics, Law,Political Science and Constitution, Management, History and Culture and Language.

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In addition, you have had a unique opportunity to get a glimpse of the working of different wingsof the government and the richness as well as complexity of our country’s social fabric duringBharat Darshan and the district level training programme.

Dear sisters and brothers,

What you have studied, observed, analyzed and internalized is going to be an excellentpreparation for shaping a bright career.

It is a combination of your knowledge of state of the art in the domain, the agility of your skillacquisition and your deep empathetic, humane attitude that will determine how successful youare in your chosen profession.

Underlying all these traits is the quest for putting in your best effort in whatever you do. Becausethe people look up to you as a member of the highest rung of civil service. They expect that inyour approach and performance, you set high benchmarks and are a role model. They expectnothing but excellence from you.

The world is changing rapidly in unpredictable ways. You, as administrators, have to anticipatethese changes if possible and prepare to address the emerging challenges. Nothing is static andan administration that seeks to fulfill the aspirations of the people has to always remain dynamic.

I am happy to know that you have been in the forefront of the efforts of the governments totackle the COVID pandemic. The experience you have gained would definitely stand you in goodstead to handle any kind of health emergency in future.

I am also glad to know that all of you have familiarized yourselves with the ongoing initiatives inthe areas of Swachh Bharat Mission, Education, Health, Law and Order and working withPanchayat Raj Institutions.

Dear sisters and brothers,

In your career, you will have to work with elected people’s representatives at various levels. Youwill be mingling with people from different segments of our population. In all your dealings,please maintain the attitude of mutual respect and cultivate the ability to patiently listen to andappreciate different viewpoints. This will greatly enhance your effectiveness.

Let me recall what Shri V.P. Menon, who was the Secretary to the Government of India in theMinistry of the States under the legendary Sardar Patel, during the period when 550 princelystates were integrated into the Indian Union, had to say about the quality of leadership of SardarPatel. He said,  

“Leadership is of two kinds. A leader like Napoleon, who was master of both policy and detail,wanted merely the instruments to carry out his orders. Sardar's leadership was of secondcategory. Having selected his men, he trusted them entirely to implement his policy. Sardarnever assumed that he knew everything and he never adopted a policy without full and frankconsultation. Whenever we entered into any discussion, we did so as personal friends ratherthan as Minister and Secretary.”

I would like to underscore the cordiality of their relationship. Also, please note the humility of thefirst Deputy Prime Minister of the country who “never assumed that he knew everything”.

It is this willingness to learn from others that you must emulate. You should not let arrogance or

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prejudice cloud your actions. As a good team leader, you should capitalize on the corecompetence of each person you are working with.

India is at the cusp of a significant transformation and, despite the current disruptive pandemic,there are a number of new opportunities for growth and self-reliant, resilient development. Youwill have to take the lead in unfolding this new India.

This new India will be based on deepening our democratic tradition and strengtheninginstitutions of public delivery, on unleashing the forces of inclusive growth and enhancing thequality of life.

In the course of your career, you will have to make many choices. You will make the right choiceif you have a dispassionate commitment to basic values of truth, fairness and justice, toinclusion, public welfare and environmental protection, if you have the Constitution as thecompass and national and public interest as the guidepost. 

When in doubt, remember Gandhi ji’s talisman and “recall the face of the poorest and theweakest man [woman] whom you may have seen” and question yourself whether the decisionyou plan to take will be of any use to him or her.

The Prime Minister’s mantra of Reform, Perform and Transform can be an inspiring backdrop forall your actions as you start innovating and becoming better than the best governance leaders inthe world.

Keep learning, keep thinking, keep innovating.

Good governance is what we need today. Governance that is lean but efficient, a system thatresponds to people’s needs and aspirations, a system that that is transparent and objective, asystem that delivers and creates conditions for growth and development.

I look upon you as effective, pro-active change agents- competent, confident and committed –eager to usher in a new India we all wish to see.

You are going to be alumni of this reputed training institution named after an illustrious son ofmodern India, Shri Lal Bahadur Shastri. Shastri ji was a remarkable leader whose hallmarkswere integrity and humility, empathy and quiet efficiency, national pride and indomitablecourage. I am sure you will be able to constantly draw inspiration from this legendary leader.

I would like to urge you to treat your work or vocation as a mission. A mission to build ourcountry with honesty, dedication and a passionate commitment to bridge the many ‘divides’ inour country, between the rich and the poor, between men and women, between the rural and theurban areas. Socio-economic upliftment of marginalized sections should be your goal.

Before concluding, I must compliment Lal Bahadur Shastri National Academy of Administration(LBSNAA) for imparting world-class training to young civil servants and enabling them to acquirethe knowledge, skills and attitudes to be among the best administrative leaders in the world.

Jai Hind!”

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The Vice President, Shri M Venkaiah Naidu today urged young IAS officers to treat theirvocation as a mission to bridge rich-poor, men-women and urban-rural divides and be pro-activechange-agents in building a New India.

Addressing the valedictory ceremonyof a two-year training programme for IAS officers 2018batch of at Lal Bahadur Shastri National Academy of Administration (LBSNAA) through videoconference, he said the socio-economic upliftment of marginalized sections should be their maingoal.

Reminding the officers that the unifier of India Sardar Vallabhbhai Patel dreamt of a civil servicethat would work zealously to create a new nation by fighting poverty and discrimination, the VicePresident asked them to be honest, disciplined, simple, responsible, transparent andaccountable.

Calling the former Prime Minister, Shri Lal Bahadur Shastri ji as a remarkable leader, Shri Naidusaid his hallmarks were integrity and humility, empathy and quiet efficiency, national pride andindomitable courage.

Urging the Officer Trainees to keep learning, thinking and innovating, Shri Naidu said “goodgovernance is what we need today”. He stressed that governance has to be lean but efficientwith a system that is transparent and responds to people’s needs and aspirations. It has to be asystem that delivers and creates conditions for growth and development.

The Vice President said that legislature may make any number of policies and laws butultimately it is the actual implementation of those policies on ground that matters.

A government will be remembered by the delivery of the services, he underlined and said that itwas the duty of civil servants to ensure that people get their entitlements without delay.

Whatever post you hold, you should create a record in good work so that people will rememberyou later, he told the young civil servants.

Stating that Sardar Patel’s had great faith in team work, Shri Naidu advised the civil servants todevelop teamwork by motivating their co-workers and subordinates to serve the people.

Shri Naidu said the Prime Minister, Shri Narendra Modi’s mantra of ‘Reform, Perform andTransform’ could be an inspiring backdrop for all their actions as they start innovating andbecoming better than the best governance leaders in the world.

Observing that India is at the cusp of a significant transformation, he said that despite thecurrent disruptive pandemic, there are a number of new opportunities for growth and self-reliant,resilient development. “You will have to take the lead in unfolding this new India”, he added.

Shri Naidu said the new India will be based on unleashing the forces of inclusive growth,enhancing the quality of life, deepening democratic traditions and strengthening institutions ofpublic delivery.

Advising the young officers to remember Gandhi ji’s talisman when in doubt, the Vice Presidenttold the officers that they would be able to make the right choice if they possess a dispassionatecommitment to basic values of truth, fairness, justice, inclusion, public welfare andenvironmental protection.

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Pointing out that the world was changing in unpredictable ways, he wanted them to anticipatethe changes and prepare to address the emerging challenges. “Nothing is static and anadministration that seeks to fulfill the aspirations of the people has to always remain dynamic”,Shri Naidu emphasized.

Emphasising that the language of administration should be the local language of the people TheVice President appreciated the officers for learning local languages during their training.

The Vice President also released a book, titled “Sixty-five Conversations” containing Mann KiBaat addresses of the Prime Minister, Shri Narendra Modi, which was brought out by theAcademy.

The Director of Lal Bahadur Shastri National Academy of Administration, Shri Sanjiv Chopra andother faculty members participated in the virtual valedictory function.

Following is the full text of the Vice President’s speech –

“I am pleased to address all of you in virtual mode at the valedictory of your two-year trainingprogramme.

I am sure the last two years have been fruitful and have given you a fairly good idea of theenormous challenges that lie ahead of you and the exciting opportunities that India of todayoffers to the emerging leaders like you.

You belong to a glorious lineage of civil servants who have made tremendous contribution toIndia’s growth and development during the last seventy-three years.

It is a civil service which has ensured that policies are well formulated and they are effectivelyimplemented.

It is a civil service that had colonial origins but got transformed into an essentially Indian cadreaddressing the administrative challenges of the  post-independence India.

I am addressing you from the Sardar Patel Conference Hall in UpaRashtrapathi Niwas and Ithink quite appropriately so, because you belong to what has been famously described as the‘Steel Frame’ by the late Sardar Vallabhbhai Patel, who was instrumental in creating the All IndiaServices.

The civil service that Sardar Patel dreamt of was an administrative set up that would workzealously to create a new nation that would fight poverty and discrimination and make India agreat country.

I am told that you have a very rigorous training schedule and during these two years, you havehad a good grounding in a number of subjects of Public Administration, Economics, Law,Political Science and Constitution, Management, History and Culture and Language.

In addition, you have had a unique opportunity to get a glimpse of the working of different wingsof the government and the richness as well as complexity of our country’s social fabric duringBharat Darshan and the district level training programme.

Dear sisters and brothers,

What you have studied, observed, analyzed and internalized is going to be an excellent

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preparation for shaping a bright career.

It is a combination of your knowledge of state of the art in the domain, the agility of your skillacquisition and your deep empathetic, humane attitude that will determine how successful youare in your chosen profession.

Underlying all these traits is the quest for putting in your best effort in whatever you do. Becausethe people look up to you as a member of the highest rung of civil service. They expect that inyour approach and performance, you set high benchmarks and are a role model. They expectnothing but excellence from you.

The world is changing rapidly in unpredictable ways. You, as administrators, have to anticipatethese changes if possible and prepare to address the emerging challenges. Nothing is static andan administration that seeks to fulfill the aspirations of the people has to always remain dynamic.

I am happy to know that you have been in the forefront of the efforts of the governments totackle the COVID pandemic. The experience you have gained would definitely stand you in goodstead to handle any kind of health emergency in future.

I am also glad to know that all of you have familiarized yourselves with the ongoing initiatives inthe areas of Swachh Bharat Mission, Education, Health, Law and Order and working withPanchayat Raj Institutions.

Dear sisters and brothers,

In your career, you will have to work with elected people’s representatives at various levels. Youwill be mingling with people from different segments of our population. In all your dealings,please maintain the attitude of mutual respect and cultivate the ability to patiently listen to andappreciate different viewpoints. This will greatly enhance your effectiveness.

Let me recall what Shri V.P. Menon, who was the Secretary to the Government of India in theMinistry of the States under the legendary Sardar Patel, during the period when 550 princelystates were integrated into the Indian Union, had to say about the quality of leadership of SardarPatel. He said,  

“Leadership is of two kinds. A leader like Napoleon, who was master of both policy and detail,wanted merely the instruments to carry out his orders. Sardar's leadership was of secondcategory. Having selected his men, he trusted them entirely to implement his policy. Sardarnever assumed that he knew everything and he never adopted a policy without full and frankconsultation. Whenever we entered into any discussion, we did so as personal friends ratherthan as Minister and Secretary.”

I would like to underscore the cordiality of their relationship. Also, please note the humility of thefirst Deputy Prime Minister of the country who “never assumed that he knew everything”.

It is this willingness to learn from others that you must emulate. You should not let arrogance orprejudice cloud your actions. As a good team leader, you should capitalize on the corecompetence of each person you are working with.

India is at the cusp of a significant transformation and, despite the current disruptive pandemic,there are a number of new opportunities for growth and self-reliant, resilient development. Youwill have to take the lead in unfolding this new India.

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This new India will be based on deepening our democratic tradition and strengtheninginstitutions of public delivery, on unleashing the forces of inclusive growth and enhancing thequality of life.

In the course of your career, you will have to make many choices. You will make the right choiceif you have a dispassionate commitment to basic values of truth, fairness and justice, toinclusion, public welfare and environmental protection, if you have the Constitution as thecompass and national and public interest as the guidepost. 

When in doubt, remember Gandhi ji’s talisman and “recall the face of the poorest and theweakest man [woman] whom you may have seen” and question yourself whether the decisionyou plan to take will be of any use to him or her.

The Prime Minister’s mantra of Reform, Perform and Transform can be an inspiring backdrop forall your actions as you start innovating and becoming better than the best governance leaders inthe world.

Keep learning, keep thinking, keep innovating.

Good governance is what we need today. Governance that is lean but efficient, a system thatresponds to people’s needs and aspirations, a system that that is transparent and objective, asystem that delivers and creates conditions for growth and development.

I look upon you as effective, pro-active change agents- competent, confident and committed –eager to usher in a new India we all wish to see.

You are going to be alumni of this reputed training institution named after an illustrious son ofmodern India, Shri Lal Bahadur Shastri. Shastri ji was a remarkable leader whose hallmarkswere integrity and humility, empathy and quiet efficiency, national pride and indomitablecourage. I am sure you will be able to constantly draw inspiration from this legendary leader.

I would like to urge you to treat your work or vocation as a mission. A mission to build ourcountry with honesty, dedication and a passionate commitment to bridge the many ‘divides’ inour country, between the rich and the poor, between men and women, between the rural and theurban areas. Socio-economic upliftment of marginalized sections should be your goal.

Before concluding, I must compliment Lal Bahadur Shastri National Academy of Administration(LBSNAA) for imparting world-class training to young civil servants and enabling them to acquirethe knowledge, skills and attitudes to be among the best administrative leaders in the world.

Jai Hind!”

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Source : www.indianexpress.com Date : 2020-08-13

WHY A PRESIDENTIAL SYSTEM MAKES SENSERelevant for: Indian Polity | Topic: Comparison of Indian Constitutional System with that of other Countries -

Parliamentary & Presidential Systems of Governance

By Bhanu Dhamija

Shashi Tharoor, a member of Parliament from the Congress party, has argued once again thatIndia should switch to a US-type presidential form of government if it wishes to have ademocracy that works. He’s made this case many times before but the latest trigger is the uglypolitical game being played in Rajasthan.

Ironically, the main pushback to this sensible idea comes from Tharoor’s own party. An article bySanjay Jha, until recently a party spokesman, declared that the problems in Rajasthan are notbecause India’s parliamentary system has failed, but because it is being subverted by the rulingBJP. The case for a presidential system has also been criticised by Mohammed Ayoob,professor at the Michigan State University, on the grounds that India’s problems are due to itsvenal political culture, not the parliamentary system. Similar are the objections of N Sai Balaji, aformer JNU student union president, who argues that India needs to “democratise democracy,”not abandon the present system.

The presidential system is superior to the parliamentary system precisely because it is muchless likely to be subverted by a dominant political party or a corrupt culture. Tharoor’s case isgrounded on the presidential system’s unique structural strengths — direct election of executiveofficials, independence of the executive and legislative branches, and separation of powers —that make majoritarianism and toppling the government nearly impossible.

Congress fears the presidential system under the mistaken belief that it would pave the way fora Narendra Modi dictatorship. Many Congress leaders think that since Prime Minister Modi ishugely popular, he would be elected President and rule the nation by fiat. “The general belief inthe Congress is that parliamentary democracy is a guard against autocratic rule,” Jha wrote. Hequotes a party leader admonishing Tharoor’s idea as “walking straight into Modi’s trap”.

But the presidential system, by its very design, offers the best protection against a one-man rule.America’s founders devised that system after gaining independence from England, mainly toavoid a British-type monarchical rule. Their system makes it impossible for powers to centralisein one branch of government. The President and the legislators there are independently electedand wield separate powers. In the last 233 years, no US President has ever been able to ruleautocratically. Even these days, we see how President Donald Trump’s autocratic tendenciesare being suppressed by their Congress.

In fact, it is our own parliamentary system that fosters despotic tendencies. The reason issimple: The parliamentary system fuses both legislative and executive powers in the PMO.India’s pseudo-federalism also gives our prime minister the power to appoint governors in eachstate and thereby control the entire nation.

It’s unlikely that Modi will ever consider switching to the presidential system because it wouldcurtail his powers. In the 1970s, Indira Gandhi dropped her plans to adopt that system for thesame reason. Congress leader A R Antulay acknowledged this in 1994: “Indira Gandhi wantedto be a dictator, which is why in October 1976, she wanted a presidential system. But you can’tbe a dictator in presidential system.”

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Congress’s other argument, that the presidential system is unsuited to India’s diversity, is alsofallacious. That system is more suitable for a diverse society because it is structurallydecentralised. State and local governments have real powers, unlike in our system. Diversesocieties need a decentralised system so that national majoritarian tendencies are curbed at thelocal level. This is why Congress leader Maulana Azad and others suggested a system forIndependent India wherein state governments have more autonomy. But their advice wasignored.

Ayoob’s objections to the presidential system are more informed. He argues that India’s politicalmalaise cannot be fixed by any system because we suffer from a poor political culture. India’spoliticians lack ideological commitment, and caste and communal considerations play a hugerole in elections. “This is a societal virus that is unlikely to disappear by switching to apresidential system,” he wrote. Ayoob also argues that since India lacks a “viable party structure,the presidential system will encourage even more irresponsible behaviour by electedlegislators.”

James Madison, the chief architect of the US Constitution, once wrote, “If men were angels, nogovernment would be necessary.” A good system of government is needed precisely becausepoliticians have a lust for power, and people are parochial. The presidential system’s structureminimises the impact of these human frailties. It divides and separates powers in multiple ways,so that politicians have less of an incentive to sell out for their own advancement. And itselections are held across many different constituencies — municipal for town officials, statewidefor the House and Senate, and nationwide for the President—which make it difficult for ethnic orcommunal forces to form majorities.

As for Ayoob’s point about India lacking a party structure, America’s two-party system is anoutcome of its presidential system, not a prerequisite. Two major parties developed in the USbecause of its nationwide presidential elections. Such elections compel smaller parties to jointhe political mainstream on centrist platforms. This is an outcome that India desperately needs.

Balaji doesn’t actually object to the presidential system but bemoans everything that is wrongwith the present one: “Centralisation of power, undemocratic methods of decision-making, andthe influence of money on criminal nexus on elections.” If he actually considered the presidentialsystem, he would find that it offers a fix to all these ailments. The powers in that system aredivided and separated precisely to avoid centralisation and ensure a deliberative democraticprocess. That system offers more democracy: more decentralisation, more directly electedofficials, and more frequent elections.

We all know in our hearts that we are not behaving as a great nation with our current system ofgovernment. But if we do the hard work and switch to the presidential system, we could begin tobuild India into the country of all our dreams.

The writer is chairman, Divya Himachal Prakashan

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Source : www.thehindu.com Date : 2020-08-15

TALKING TOUGH: THE HINDU EDITORIAL ON THENAGA ISSUERelevant for: Indian Polity | Topic: Issues and Challenges Pertaining to the Federal Structure, Dispute Redressal

Mechanisms, and the Centre-State Relations

Five years since the signing of a framework agreement between the Indian government and theNational Socialist Council of Nagalim (Isak-Muivah), the deadlock in the talks that came about inOctober 2019 persists with the emergence of bottlenecks. The NSCN (I-M) has demanded thatNagaland Governor R.N. Ravi should be removed as the interlocutor for talks on the Nagaaccord. Talks were expanded in 2017 by including other Naga groups under the banner, theNaga National Political Groups (NNPGs). Clearly, the Governor’s letter in June addressed toChief Minister Neiphiu Rio, alleging the collapse of law and order and that armed gangs “whoquestion the sovereignty and integrity of the nation” were engaging in “blatant extortion”,touched a sore spot for the NSCN (I-M). While the group defended the practice by terming it “taxcollection”, the letter was not entirely off the mark. Yet, this has become an issue for the peaceprocess with the NSCN (I-M) going on to release details of the 2015 framework agreement thathas not been shared in the public domain so far. While the other Naga groups also tookexception to the Governor’s remarks to the Chief Minister, they have differed with the NSCN (I-M) on the demand for Mr. Ravi’s removal as interlocutor.

Since 2015, the engagement with other Naga groups has increased, even if the NSCN (I-M) isperceived as the major rebel organisation. The differences between the NNPGs and the NSCN(I-M) are not insignificant. The NSCN (I-M) still insists on a “Greater Nagalim” beyond theboundaries of Nagaland State besides seeking a flag and constitution. Most of the NNPGsbased in Nagaland on the other hand have sought to settle the issue without disturbing the Stateboundaries while keeping the “Greater Nagalim” question in abeyance. Any moves to alterboundaries will intensify ethnic conflicts and insurgencies beyond Nagaland, especially inManipur. The increasing support in Nagaland for a solution without affecting boundaries shouldhave compelled the NSCN (I-M) to move away from its intransigent position. Instead, the rebelgroup has sought to redefine the talks process by expressing its lack of confidence in Mr. Ravi.The NNPGs, political parties and other civil society organisations also took exception to theGovernor’s stern letter that went beyond raising concerns over law and order; Mr. Ravi wrotethat functions such as the “transfer and posting of officials” in charge of law and order above thedistrict level would be done with his approval. But they have delineated clear differences with theNSCN (I-M) on the peace talks issue. The Central government needs to take their concerns onboard and reiterate its commitment to finalising the Naga accord while seeking to re-engage withthe NSCN (I-M) without giving in to its arbitrary demands.

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Source : www.thehindu.com Date : 2020-08-16

SUO MOTU CONTEMPT POWER IS INHERENT: SCRelevant for: Indian Polity | Topic: Judiciary in India: its Structure, Organization & Functioning, Judges of SC &

High Courts, Judgments and related Issues

The prior consent of the Attorney General (AG) of India is not required to suo motu initiate theinherent contempt powers of the Supreme Court. A three-judge Bench led by Justice ArunMishra held that the suo motu contempt powers of the top court is drawn from Article 129 of theConstitution, which says the Supreme Court, as a court of record, has the power to punish forcontempt of itself.

The Contempt of Court Act of 1971 cannot limit this power of the court. The statute only providesthe procedure in which such contempt is to be initiated. The court explained this in its 108-pagejudgment in a suo motu contempt case against advocate Prashant Bhushan for his tweets. Thelawyer was found guilty of contempt on Friday.

“As far as the suo motu petitions are concerned, there is no requirement for taking consent ofanybody, including the Attorney General because the court is exercising its inherent powers toissue notice for contempt. It is equally well settled, that once the court takes cognisance, thematter is purely between the court and the contemnor,” the judgment said.

It said the only requirement is that the procedure followed is required to be just and fair and inaccordance with the principles of natural justice.

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Source : www.indianexpress.com Date : 2020-08-18

JUDICIARY HAS GREAT POWER, INCLUDING POWERTO PUNISH FOR CONTEMPT. IT MUST USE ITSPARINGLY, SOFTLY.

Relevant for: Indian Polity | Topic: Judiciary in India: its Structure, Organization & Functioning, Judges of SC &High Courts, Judgments and related Issues

The “strong arm of the law must strike a blow”. With these words, in a judgment by Justices ArunMishra, B R Gavai, and Krishna Murari, two tweets by senior counsel Prashant Bhushan, aveteran social action jurisprudence exponent, were found to be based on “distorted facts”, andmaking “undoubtedly false, malicious and scandalous” allegations. Counsel was bound, as a“responsible officer of the court”, to protect “the majesty of law”, not to indulge in an act that“tends to bring disrepute to the institution of administration of justice.”

In the first tweet, which included a photograph of the chief justice on a motorcycle, Bhushan isheld guilty of making a knowingly “false statement” about the denial of the citizens’ right toaccess justice, which obscured the fact that the court in trying times had conducted “a total of879 sittings and heard over 12,700 matters” (in some of which Bhushan had vigorouslyparticipated). The second tweet was critical of the role allegedly played by the judiciary and thelast four chief justices in weakening democracy. The court found that these tweets underminethe “dignity and authority of the institution of the Supreme Court and the CJI” and the statement“directly affronts the majesty of law”.

A further ground is now added. Contempt proceedings must also consider the “effects uponnational honour and prestige in the comity of nations”. This enhancement of the chilling effect isworrisome as any and every call for judicial accountability may be thus indicted. Will the stock-in-trade predictions of judicial outcome, an aspect of practising appellate law and doing legalscience, now constitute a criminal contempt? Did the then incumbent four senior justices —Justices Jasti Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph — lower the“majesty of law” by holding the press conference on January 13, 2018, commonly called a“judicial revolt”?

Opinion | Prashant Bhushan judgment spells out a chilling lesson which undermines thatmost valuable fundamental right — the freedom of speech

Many people believe that the right to free speech is near-absolute, accountability of justices issacrosanct and even that the offence of criminal contempt should be banished. Many othersbelieve that such a power should exist and be fully exercised in apt cases. India-wide empiricalstudies are indispensable to prove/disprove these views; but available only are the judicialstatements about the tendency to lower the image of the judiciary in the public mind or activistassumptions of the “chilling effect”. The 274th report of the Law Commission (2018)recommended continuance of the offence, but all it cited was the high incidence of 586 pendingcases between July 1, 2016 and June 30, 2017. Certainly, amidst divided public opinion, theapex court was right in 1974: “Contempt action should be substantial and mala fide interferencewith fearless judicial action, not fair comment or trivial reflections on the judicial process andpersonnel.”

No doubt, many ironies lurk in the judicial discourse which endorses “gainfully… theobservations of Justice Wilmot… made as early as in 1765.” He stressed a need for “a morerapid and immediate redress” whenever “men’s allegiance to the law is… fundamentallyshaken”; because justices are “the channels by which the King’s justice is conveyed to the

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people.”

The country of origin of these words was then on the verge of becoming a world empire, and yeta leading postcolonial court invokes these in 2020. While furthering the swadeshi jurisprudence,the court evokes phrases from 1765 on the eve of the 74th Indian Independence Day! However,students of the judicial process know that the courts regard the loom of law as a seamless weband the stern message of criminal scandalisation does not worry too much about the sun settingon the British Empire and law reform altogether abolishing the offences.

Editorial | The Supreme Court has broad shoulders. By convicting Prashant Bhushan forcontempt, it diminishes itself.

The swadeshi jurisprudence, the court says, is clear and compelling. Did not Chief JusticeMohammad Hidayatullah (1970) convict the then chief minister of Kerala for making derogatoryremarks on justices and overrule the decision of the Kerala High Court? Did it not convict eventhe Chairperson of the Bar Council of India (1975), awarding him a jail sentence for six weeksand incapacity to practise law for a period of three years? Did it not then say that the “right tocontinue to practise is subject to the law of contempt” and ask: “Can the legal profession bepractised by committing the contempt of courts”?

Further, Article 129 declares the Supreme Court to be a “court of record” and bestows upon it“all the powers… including the power to punish for contempt of itself.” But if the “power to punishfor contempt… itself” is a “constitutional power which cannot be taken away or… abridged bystatute”, even the constituent power or the judiciary itself may not do so lest the basic structurebe offended.

Only judicial wisdom may determine the quantum of punishment. The court normally imposesthe most minimal sentences — such as a small fine (slashed, in the Namboodiripad case by theapex court to Rs 50 from the Kerala High Court award of Rs 1,000), a minimal sentence ofincarceration till the rising of the court, or minor prison sentence now subject to bail in theCOVID-19 situation as so ordered suo motu by the court itself. It has yet to decide an appeal byYatin Oza, against the Gujarat High Court sentence depriving him of the status of a “senior”counsel.

READ | SC holds Prashant Bhushan guilty of contempt: What the verdict means

Do the tasks of magnanimous justice end or begin when conviction has been recorded, is adifficult question that the court will now have to consider. However, a mere recall ofShakespeare may not cause any interference with the course of justice: “O, it is excellent/ Tohave a giant’s strength, but it is tyrannous to use it like a giant.”

This article first appeared in the print edition on August 18, 2020 under the title ‘State andtemple’. The writer is professor of law, University of Warwick, and former vice chancellorof Universities of South Gujarat and Delhi

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Source : www.thehindu.com Date : 2020-08-18

JURISDICTIONAL CONFLICT IN THE RUNNING OFDELHIRelevant for: Indian Polity | Topic: Issues and Challenges Pertaining to the Federal Structure, Dispute Redressal

Mechanisms, and the Centre-State Relations

“The exercise of establishing a democratic and representative form of government for NCT ofDelhi by insertion of Articles 239AA and 239AB would turn futile if the Government of Delhi thatenjoys the confidence of the people of Delhi is not able to usher in policies and laws over whichthe Delhi Legislative Assembly has powers to legislate for the NCT of Delhi.” So said theConstitution Bench of the Supreme Court in Government of NCT of Delhi vs. Union of India(2018). The issue before the Supreme Court was the jurisdictional conflicts between thegovernment of NCT and the Union Government and its representative, the Lieutenant Governor.

The judgment which runs into more than 1,000 pages analyses the contentious issues whichhobbled the State government and attempts to resolve them. Very lofty principles concerningconstitutional morality, co-operative federalism, constitutional conscience, pragmatic federalism,etc., have been enunciated in this judgment. It reminds the Lt. Governor what his real functionsare. It tells the State government that it should remember that Delhi is a special category UnionTerritory and lays down the parameters to enabling the harmonious functioning of thegovernment and the Lt. Governor.

The judgment clarified and settled many contentious issues such as the powers of the Lt.Governor vis-à-vis the elected government, his discretionary powers, the extent of the executivepowers of the State government, etc. On the face of it, it did not very clearly delineate the issuesin respect of which the Lt. Governor can refer a decision taken by the Council of Ministers to thePresident in the event of a difference of opinion between the Lt. Governor and the Stategovernment. Nevertheless, the Supreme Court has settled the law in regard to the ‘aid andadvice’ of the Council of Ministers by affirming that the Lt. Governor is bound to act on the aidand advice except in respect of ‘Land’, ‘Public Order’ and the ‘Police’.

The Court has also made it clear that there is no requirement of the concurrence of the Lt.Governor and that he has no power to overrule the decisions of the State government. However,there is a catch here — in the operationalisation of Article 239AA (4) (proviso) which says that inthe case of a difference of opinion between the Lt. Governor and his Ministers on any matter, theLt. Governor shall refer it to the President for decision and act according to that decision.

In the meantime, if the Lt. Governor thinks that the matter is urgent he can take immediateaction on his own. So, ultimately things are back to square one. If a Lt. Governor, for example,wants to frustrate the efforts of the government, he can declare that there is a difference ofopinion on any issue decided by the elected government and refer it to the President which inreality means the Union Home Ministry. The Lt. Governor being its representative, it is easier forhim to secure a decision in his favour. The State government will be totally helpless in such asituation.

The recent appointment of prosecutors for conducting the Delhi riot cases in the High Court is acase in point. As per the High Court and the Supreme Court, the appointment of prosecutors isexclusively within the purview of the State government. When the government decided toappoint them, the Lt. Governor referred it under proviso to Article 239AA (4) to the Presidentstating that there is a difference of opinion between him and the government over this matter. Inthe meantime the Lt. Governor appointed all the prosecutors whose names were submitted by

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the Delhi Police and thus the State government’s list was rejected.

This episode clearly points to the fault lines which still exist in the power equations in thecapital’s administrative structure. The key question is whether the Lt. Governor can refer aroutine administrative matter such as the appointment of prosecutors to the President.

A close reading of the Supreme Court judgment in the NCT Delhi case (supra) would reveal thathe cannot. Just take a look at what the Supreme Court says. “The words ‘any matter’ employedin the proviso to Article 239AA (4) cannot be inferred to mean ‘every matter’. The power of theLieutenant Governor under the said proviso represents the exception and not the general rulewhich has to be exercised in exceptional circumstances by the Lt. Governor. Keeping in mindthe standards of Constitutional trust and morality, the principles of collaborative federalism andthe concept of Constitutional balance....”

The Court further says, “the Lieutenant Governor should not act in a mechanical manner withoutdue application of mind so as to refer every decision of the Council of Ministers to thePresident.” The highest judicial forum in the country in its own majestic style directs the Lt.Governor not to refer to the President normal administrative matters as that would disturb theconcept of Constitutional governance, principles of collaborative federalism and the standards ofConstitutional morality. Reference of the appointment of Prosecutors by the Lt. Governor to thePresident seems to be a negation of these principles.

There is another point which emerges from the judgment and attention needs to be paid to it.That is that the executive power of the Union does not extend to any of the matters which comewithin the jurisdiction of the Delhi Assembly. Parliament can legislate for Delhi on any matter inthe State List and the Concurrent List but the executive power in relation to Delhi except the‘Police’, ‘Land’ and ‘Public Orders’ vests only in the State government headed by the ChiefMinister.

The Supreme Court says, “Article 239AA (3)(a) reserves the Parliament’s legislative power on allmatters in the State List and Concurrent List but clause (4) explicitly grants to the Government ofDelhi executive powers in relation to matters for which the Legislative Assembly has powers tolegislate.” This statement of law by the Supreme Court implies that the Union Government is notempowered to exercise executive authority on a matter which comes within the exclusivejurisdiction of the State government like the appointment of Prosecutors. The only occasionwhen the Union Government can overrule the decision of the State government is when the Lt.Governor refers a matter to the President under the proviso to clause (4). But this proviso cannottotally override the executive decisions of the State government under clause (4).

The judgment of the Supreme Court resolves this apparent contradiction by enjoining the Lt.Governor to keep in mind while making a reference to the President the constitutional morality,principles of collaborative federalism, concept of constitutional governance, objectivity, etc.Although the Court did not specify the matters which can be referred by the Lt. Governor to thePresident, the high principles described above broadly indicate what can be referred and whatcannot. In any case it is unambiguously clear that the executive decisions of the Stategovernment cannot be referred to the President merely because the Lt. Governor has a differentpersonal opinion about some of them. The top court wants the Lt. Governor and the Council ofMinisters to use in full the mechanism provided in the Government of NCT of Delhi Act and theTransaction of Business Rules to thrash out differences. The Court seems to elevate to a higherlevel the issues that can be referred to the President as distinct from the normal decisions takenin exercise of the executive powers of the State. The President is the highest Constitutionalauthority and his decision should be sought only on constitutionally important issues.

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Finally, the Supreme Court gives wise advice to the Lt. Governor: “We may reiterate that theConstitutional scheme adopted for the NCT of Delhi conceives of the Council of Ministers as therepresentatives of the people on the one hand and the Lt. Governor as the nominee of thePresident on the other who are required to function in harmony within the Constitutionalparameters. In the said scheme of things, the Lt. Governor should not emerge as an adversaryhaving a hostile attitude towards the Council of Ministers of Delhi; rather, he should act as afacilitator.”

So, when we analyse the reference by the Lt. Governor to the President the issue ofappointment of prosecutors within the parameters laid down by the Supreme Court, we find thatit is not in consonance with these principles enunciated by the Court. It is against constitutionalmorality which requires strict adherence to the constitutional principles of collaborativefederalism, constitutional balance and the concept of constitutional governance. All theseprinciples act as bulwark against the usurpation of powers of the State by the Union. When theCourt declares the law and requires the constitutional authorities to follow it, they have to act incompliance and not in defiance.

P.D.T. Achary is Former Secretary General of the Lok Sabha

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Source : www.thehindu.com Date : 2020-08-18

JUDICIAL REMEDIES FOR THE JAMMU AND KASHMIRNET RESTRICTIONSRelevant for: Indian Polity | Topic: Indian Constitution - Features & Significant Provisions related to Fundamental

Rights, Directive Principles and Fundamental Duties

During the novel coronavirus pandemic, a large part of the realm of freedoms protected by theConstitution, ranging from carrying on a business, to obtaining education, health care, andinformation, have all moved online. This has meant that we have had to discuss ways to improveaccess to the Internet for all. But even as we do this, the Internet restrictions in Jammu andKashmir (J&K) have completed a whole year.

In response to the Supreme Court of India’s stern approach in the recent hearing on August 7,the Central government has agreed to restore Internet in two districts on a trial basis. Whilethis is a welcome step, the fundamental rights of the people of J&K will truly only have meaningif the Supreme Court maintains this stern approach and assesses the proportionality of theState’s restrictions, and is willing to grant an effective remedy where disproportionate restrictionsare identified.

The Special Rapporteur on Freedom of Opinion and Expression of the United Nations andrepresentatives of other regional organisations, in a Joint Declaration, have pointed out thatneither the slowing nor the shutting down of the Internet is justifiable even on national securitygrounds.This is because Internet shutdowns or slowdowns are an inherently overbroadrestriction for it adversely affects millions of innocent civilians owing to the actions of a few.Indeed, the provision of 2G Internet on mobile phones since March 2020 has failed toprovide any meaningful respite to the people of J&K. It has become impossible for them to adaptto the pandemic, by resorting, as the rest of India has, to online classes, working from home,tele-consults with doctors or even video calls with family.

Social media makes a ‘silent’ comeback to Kashmir Valley

 

What is more, important industries such as tourism, handicrafts and agriculture have faceddevastating losses. The president of the Kashmir Chamber of Commerce and Industry hasestimated the loss to the region’s economy this past year at 40,000 crore. Moreover, expertshave found shutdowns counter-productive in reducing violence.

Despite having heard two challenges to the restrictions since August 2019, the Supreme Courthas remarkably not ruled on their validity. In January 2020, in Anuradha Bhasin, the Courtgranted limited relief by directing the government to publish reasoned orders and review therestrictions every seven days. A pandemic and a lockdown later, the Court faced criticism for itsorder in Foundation For Media Professionals where it set up an Executive Committee to reviewthe 2G speed restrictions that had been imposed by the Executive in the first place.

Two arguments have been advanced to justify the Court’s deferential approach. But both areunsustainable. First, that such decisions are not based on objective factors that can bepresented to and assessed by a judicial body, but are based on the “subjective satisfaction” ofofficers who possess exclusive knowledge of the situation on the ground. This notion ofsubjective satisfaction can be traced back to English public law where Parliament could grantthe Executive the power to exercise subjective satisfaction in certain cases. The English courts

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did not have the power to strike down legislation as invalid. The framers of our Constitutionconsciously moved away from this legal tradition while entrenching judicial review as afundamental right under Article 32.

In 1956, Justice Vivian Bose emphasised this fundamental aspect of the Constitution, when hewrote that if the power of subjective satisfaction was conferred on executive bodies, then “therewould be no point in these fundamental rights, for the courts would then be powerless tointerfere and determine whether those rights have been infringed”. Two decades later, theSupreme Court, in what is regarded as its nadir, held in ADM Jabalpur that detentions during theEmergency were based on the subjective satisfaction of the Executive and were not amenableto judicial review. In overruling this decision, in K.S. Puttaswamy, the Court affirmed that ourConstitution guarantees that “judicial remedies would be available to ask searching questionsand expect answers when a citizen has been deprived of these, most precious rights”.

The second, and closely related, argument offered is that the Court does not have thecompetence to review matters of national security. However, this argument taken to its logicalconclusion would imply that the Court cannot rule on any complex issue irrespective of its impacton fundamental rights. Indeed, the Court has often ruled on complex issues such as the ban onthe use of crypto-currency and the linkage of Aadhaar to SIM cards and bank accounts ongrounds of national security and money laundering, respectively, and even struck them down. Inthese cases, instead of choosing between either refraining altogether or substituting the decisionof the government, the Court assessed the quality of the government’s justifications.

The Court in Anuradha Bhasin recognised the proportionality test as the framework for suchassessment. Under this, the government must provide a four-step justification. It has to showthat the restrictions are in pursuance of a legitimate aim (in this case, national security), that theyare suitable to achieving that aim, that there exist no less restrictive alternatives that would limitthe right to a lesser extent, and finally, that the adverse impact of the restrictions areproportionate to their benefit. In Foundation For Media Professionals, the government of J&K’sown affidavit revealed that terrorist incidents have continued despite these restrictions. But thegovernment failed to explain why less restrictive alternatives such as permitting the use of 4G onverified post-paid SIMs, blocking and intercepting specific numbers, websites or applications,issuing takedown orders of content that incite violence, and limiting restrictions to particularareas for shorter durations could not be applied. Finally, on the impact of restrictions, thegovernment asserted that people can download e-learning applications, e-books and usewebsites and messaging platforms on 2G Internet. Not only is this statement factually incorrect,it also contradicts the government’s own claim that the restriction to 2G speed is suitable as itrestricts terrorists from communicating and circulating videos.

It is difficult to fathom how such weak and inconsistent reasons could have been the basis forrestricting the entire realm of rights of 1,25,00,000 people. Indeed, these restrictions wereunconstitutional the day they were imposed. One year on, it is imperative that the Court fulfils itsconstitutional duty by examining and going over any further reasons given by the State with afine toothcomb.

Jahnavi Sindhu is a Delhi-based advocate

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Source : www.thehindu.com Date : 2020-08-21

LESS TAXING: THE HINDU EDITORIAL ON NATIONALRECRUITMENT AGENCYRelevant for: Indian Polity | Topic: Provisions related to UPSC, State PSCs and Civil Services in India, and their

Role in Democracy

The Union Cabinet’s decision to create a National Recruitment Agency to conduct a screeningexamination for non-gazetted jobs, eliminating the need for candidates to take separateexaminations of the Railway Recruitment Board, Staff Selection Commission and Institute ofBanking Personnel Selection, is a welcome administrative reform measure. For some yearsnow, the railways have been using contractual labour in projects and services, but thegovernment system remains a major recruiter. In March this year, Railways Minister PiyushGoyal told Parliament that four employment notifications for Group C employees in the Ministrywere issued in 2019 for 1.43 lakh posts, besides a similar number selected the previous year.Overall, the posts coming under the ambit of the proposed NRA would cover about 1.25 lakhjobs a year, which typically attract about 2.5 crore aspirants. The gains from a singleexamination, when offered at the district level in the regional language, as opposed to amultiplicity of tests in far fewer locations are self-evident. Candidates would no longer have totravel to urban centres at considerable expense and hardship to take an employment test.Opportunities to improve performance, subject to age limits, and a three-year validity for scoresare positive features. Yet, the long-term relevance of such reforms will depend on thecommitment of governments to raise the level of public employment and expand services to thepublic, both of which are low in India.

While announcing the proposal for the recruitment agency in her Budget speech earlier thisyear, Finance Minister Nirmala Sitharaman said the NRA would be an independent,professional, specialist organisation. There would also be an emphasis on creating advancedonline testing infrastructure in 117 aspirational districts, many of which are in States with lowsocial development indices. These are laudable objectives, but it is relevant to point out that as ashare of the organised workforce, Central government employment appears to be declining.New posts are sanctioned periodically, but a large number of vacancies remain unfilled. Withgrowing emphasis on transferring core railway services to the private sector, there may be fewergovernment jobs on offer in the future. Moreover, jobs under the Centre, predominantly in therailways and defence sectors, constitute around 14% of public employment, with the rest fallingwithin the purview of States. Reform must, therefore, have a wider reach to achieve scale. Itmust be marked by well-defined procedures, wide publicity and open competition, besides virtualelimination of discretion. As a preliminary screening test, the NRA can potentially cut delays,which are a familiar feature with government, boost transparency and enable wider access. Theentire process of candidate selection must be a model, raising the bar on speed, efficiency andintegrity.

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Source : www.thehindu.com Date : 2020-08-21

A LOSING PROPOSITION: THE HINDU EDITORIAL ONNATIVISM, SONS OF THE SOIL AND JOBSRelevant for: Indian Polity | Topic: Indian Constitution - Features & Significant Provisions related to Fundamental

Rights, Directive Principles and Fundamental Duties

India has seen many versions of the ‘sons of the soil’ argument over decades. Madhya PradeshChief Minister Shivraj Singh Chouhan’s announcement that only those domiciled there would beeligible for government jobs in the State is not unique in that sense. At the same time, it denotesa certain mainstreaming of nativism that more parties and States appear to be adopting. Mr.Chouhan’s announcement was packaged as a promise to the youths of the State, but in reality,it is a sign of gloom. Regional parties have always focused on local sentiments, but what isnotable in recent years is the BJP and the Congress too jumping on the bandwagon. TheCongress in Madhya Pradesh is supporting the move, and in Maharashtra, it is part of the rulingcoalition led by the Shiv Sena which is pushing measures to give priority to locals in employmentin the private sector. Similar moves from States such as Karnataka, Gujarat, Andhra Pradesh,Haryana and Telangana in recent years to introduce various types of domicile eligibility for jobseekers, in private and government jobs, have either been aborted or had limited outcomes. Butmeasures that raise artificial barriers go against the grain of national integration, which includesmarket integration.

There are regional particularities to be considered, nevertheless. Some States require a certainproficiency in the local language to be employed in government jobs, which is for administrativereasons. There are also restrictions on movement of people into tribal areas of India. These areexceptions provided in the legal and constitutional scheme of India to manage its remarkablediversity. Inciting local passions in order to divert public attention from the real challenge ofgenerating employment for the country’s swelling youth population falls in a different realm.Migrant populations fulfil a market demand created by gaps in skills and preferences. That isone reason why government orders and even laws of the past in several places that mandatedquotas for locals in employment were not enforced. The spectre of locals losing out to migrantsis hugely exaggerated and often designed to beguile the people. In Gujarat, politicians includingthose of the ruling BJP continue to raise a hue and cry for a domicile quota of 85% in the privatesector workforce whereas the government data showed in 2017 that 92% of it was local already.India has a severe unemployment crisis and efforts that match the challenge are badly needed.Nativism is not a part of the solution. In fact, it can aggravate the crisis by creating a hostileenvironment to investment, growth and employment generation.

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A one-stop-shop for seeing the latest updates, and managing your preferences.

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Your support for our journalism is invaluable. It’s a support for truth and fairness in journalism. Ithas helped us keep apace with events and happenings.

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Source : www.thehindu.com Date : 2020-08-21

CONTEMPT POWERS, IN THE PEOPLE’S NAMERelevant for: Indian Polity | Topic: Judiciary in India: its Structure, Organization & Functioning, Judges of SC &

High Courts, Judgments and related Issues

Lawyer and social activist Prashant Bhushan’s conviction with god speed for contempt of courthas revived the debate on the relevance of contempt law in a modern liberal democracy. TheSupreme Court of India has said that his tweets, two of them, have undermined the dignity andthe authority of the most powerful court and have the effect of destabilising the very foundationof Indian democracy. This controversial judgment may be technically and legally correct but hasit enhanced the stature of the Court? Is it right to punish critics of the judiciary in the name of thepeople? Should civil contempt be given more importance? And what reforms should beintroduced in criminal contempt?

The primary justification of contempt power has been people’s opinions. In the judgment, theword ‘people’ occurs 27 times. Consider this. On June 27, 2017, there were huge protestsagainst mob lynching under the campaign, ‘Not in my name’ in response to film-maker SabaDiwan’s social media call. Today, there are people who are opposed to invoking people’s nameto justify contempt law.

Prashant Bhushan guilty of contempt | Opposition questions conviction

The judgment tells us repeatedly that the object of contempt proceedings is not to affordprotection to judges personally from the imputations. Instead, it is to protect people at large andto uphold the rule of law as distrust in the popular mind does impair the confidence of people incourts as such confidence is of huge importance for the protection of the rights and liberties ofpeople. In paragraph 48 of the judgment, the three-judge Bench explicitly observes that ‘whenthe court exercises this power, it does not do so to vindicate the dignity and honour of theindividual judge who is personally attacked or scandalised but to uphold the majesty of the lawand of the administration of justice.’ The Bench goes on to say that ‘the foundation of thejudiciary is the trust and the confidence of the people’.

Strangely, in paragraph 71, the Bench has proclaimed itself to be the ‘central pillar’ ofdemocracy but has rightly said that the ‘trust, faith and confidence of the citizens of the countryin the judicial system is sine qua non for the existence of rule of law’. This confidence is indeedstrengthened not by the resort to contempt powers but by the Court’s orders and judgments.Res ipsa loquitur is the old maxim, i.e. the thing speaks for itself. People have observed with anelement of frustration not only the Court’s reluctance in promptly hearing habeas corpuspetitions, the CAA and 370 petitions, but also the Court’s initial observations on the plight ofmillions of poor migrant workers and stay of payment of wages order. In an election year, theCourt did not consider it urgent enough to examine the validity of controversial electoral bondsbut had time for an open court hearing in a review in 2019 of Sabarimala. Though no error in thejudgment was pointed out, the review was still accepted. The innovative ‘sealed cover’jurisprudence and the Court’s over-indulgence in Assam’s National Register of Citizens and thennot saying a thing on its completion raised many an eyebrow. There were even four sittingjudges of the top court who, on January 12, 2018, held an unprecedented press conference on aworking day to ‘discharge their debt to nation’ as democracy, in their view, was under threat withthe ‘credibility of [the] court at stake’.

This is what worries many independent observers of our judiciary that the courts, of late, havebeen behaving more like the executive courts of erstwhile socialist countries. The only majorassertion of judicial independence in the recent past (other than the quashing of President’s

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Rule in Arunachal Pradesh) was the National Judicial Appointments Commission judgment(2015) where the Court struck down the constitutional amendment and the NJAC Act, 2014. Thiswriter does believe that the independence of the judiciary is indeed the right of people and not ofjudges. But then the fact remains that the top court in fact demonstrated its real mettle inbasically asserting the collegium’s power to select judges. Then why has the Court not shownsimilar resolve in upholding people’s liberties? The High Courts in the meanwhile, just like in the1975 Emergency, are widely applauded for passing some good orders though some of theseorders eventually got stayed by the Supreme Court.

Prashant Bhushan guilty of contempt | Prominent personalities express anguish

Indian judges make excessive use of contempt powers. As in the Indian Judiciary Report (2016-17) published by the Supreme Court, High Courts had 96,310 civil contempt cases, i.e. wilfuldisobedience of court judgments and orders on June 30, 2017. Thus, civil contempt is far moreserious generally committed by the government than so-called ‘scandalising of court’ by merestatement. Even the number of criminal contempt cases is also quite impressive with 586 cases.In A.K. Gopalan (1950), the majority took the positivistic view of Article 21 and expressed theirhelplessness as preventive detention law satisfied the requirement of ‘procedure established bylaw’. In ADM Jabalpur (1976), a majority, like in the Prashant Bhushan case, took the highlylegalistic view and held that since Article 21 is under suspension due to Emergency, the writ ofhabeas corpus cannot be claimed. Subsequent decades proved that in both the cases, majoritydecisions did disservice to the Court’s reputation and it were dissenting judges such as JusticeFazl Ali and Justice H.R. Khanna who had really enhanced people’s faith in the judiciary. TheCourt itself overruled these two judgments in Maneka Gandhi(1978) and K.S. Puttaswamy(2018).

In all contempt judgments, the Court has been using its powers in the name of the people andJustice Arun Mishra’s Bench merely relied on them. It cited the Brahma Prakash Sharma (1953)judgment, wherein the Supreme Court had justified contempt powers by observing that ‘it isintended to be a protection to the public whose interests would be very much affected if by theact or conduct of any party, the authority of the court is lowered and the sense of confidencewhich people have in the administration of justice by it is weakened’, and that contempt powersare to be invoked to restore this confidence. The top court had further elaborated that ‘suchconduct is punished as contempt for this reason that it tends to create distrust in the popularmind and impair the confidence of the people in the courts which are of prime importance to thelitigants in the protection of their rights and liberties’. Similarly, in Hira Lal Dixit (1955), the topcourt again referred to the ‘confidence of the people in the integrity of the judges’.

Prashant Bhushan guilty of contempt | What was the hurry, asks Justice Lodha

The Bench also quoted Justice V.R. Krishna Iyer judgment in S. Mulgaokar (1978) but preferredto overlook the learned judge’s real message.

Justice Krishna Iyer had observed that the normative guideline for judges to observe in contemptjurisdiction is not to be hypersensitive even where distortions and criticisms overstep the limits,but to ‘deflate vulgar denunciation by dignified bearing, condescending indifference andrepudiation by judicial rectitude’.

The Justice Arun Mishra-led Bench itself admitted that critics are the instruments of reform, butnot those actuated by malice; instead by those inspired by public weal. Is Mr. Bhushan’s longcareer as as a public interest litigation lawyer not the testimony of ‘public weal’ and an absenceof ‘malice’? Is it right to determine ‘good faith’ on the basis of mere extent of publication? In acountry of 1,312.2 million people (estimated in 2019), Twitter users constitute an insignificant

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minority of an estimated number of over 34 million (2019), and Mr. Bhushan just has 1.6 millionfollowers. In fact tweets are not taken seriously by the people. One hopes the Court will considerthese in determining the sentence.

Just like the Supreme Court’s judgment on sedition in Kedar Nath Singh (1962), a merescurrilous attack against the courts/judges should not be punished if it does not lead to an actualobstruction of the judicial process. In Shiv Shankar (1988) and Rachapudi Subba Rao (2004),the Supreme Court itself had held that criticism of the court that does not impair and hamper theadministration of justice cannot be punished as contempt.

Ideally, the Bench should have given little more weightage to Justice Krishna Iyer’s observationthat ‘the court is willing to ignore, by a majestic liberalism, trifling and venial offences — the dogmay bark, the caravan will pass.’

Faizan Mustafa is Vice-Chancellor of NALSAR University of Law, Hyderabad. The viewsexpressed are personal

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Dear reader,

We have been keeping you up-to-date with information on the developments in India and theworld that have a bearing on our health and wellbeing, our lives and livelihoods, during thesedifficult times. To enable wide dissemination of news that is in public interest, we have increasedthe number of articles that can be read free, and extended free trial periods. However, we havea request for those who can afford to subscribe: please do. As we fight disinformation andmisinformation, and keep apace with the happenings, we need to commit greater resources tonews gathering operations. We promise to deliver quality journalism that stays away from vestedinterest and political propaganda.

Dear subscriber,

Page 55

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Thank you!

Your support for our journalism is invaluable. It’s a support for truth and fairness in journalism. Ithas helped us keep apace with events and happenings.

The Hindu has always stood for journalism that is in the public interest. At this difficult time, itbecomes even more important that we have access to information that has a bearing on ourhealth and well-being, our lives, and livelihoods. As a subscriber, you are not only a beneficiaryof our work but also its enabler.

We also reiterate here the promise that our team of reporters, copy editors, fact-checkers,designers, and photographers will deliver quality journalism that stays away from vested interestand political propaganda.

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Source : www.thehindu.com Date : 2020-08-21

CONTEMPT POWERS, IN THE PEOPLE’S NAMERelevant for: Indian Polity | Topic: Judiciary in India: its Structure, Organization & Functioning, Judges of SC &

High Courts, Judgments and related Issues

Lawyer and social activist Prashant Bhushan’s conviction with god speed for contempt of courthas revived the debate on the relevance of contempt law in a modern liberal democracy. TheSupreme Court of India has said that his tweets, two of them, have undermined the dignity andthe authority of the most powerful court and have the effect of destabilising the very foundationof Indian democracy. This controversial judgment may be technically and legally correct but hasit enhanced the stature of the Court? Is it right to punish critics of the judiciary in the name of thepeople? Should civil contempt be given more importance? And what reforms should beintroduced in criminal contempt?

The primary justification of contempt power has been people’s opinions. In the judgment, theword ‘people’ occurs 27 times. Consider this. On June 27, 2017, there were huge protestsagainst mob lynching under the campaign, ‘Not in my name’ in response to film-maker SabaDiwan’s social media call. Today, there are people who are opposed to invoking people’s nameto justify contempt law.

Prashant Bhushan guilty of contempt | Opposition questions conviction

The judgment tells us repeatedly that the object of contempt proceedings is not to affordprotection to judges personally from the imputations. Instead, it is to protect people at large andto uphold the rule of law as distrust in the popular mind does impair the confidence of people incourts as such confidence is of huge importance for the protection of the rights and liberties ofpeople. In paragraph 48 of the judgment, the three-judge Bench explicitly observes that ‘whenthe court exercises this power, it does not do so to vindicate the dignity and honour of theindividual judge who is personally attacked or scandalised but to uphold the majesty of the lawand of the administration of justice.’ The Bench goes on to say that ‘the foundation of thejudiciary is the trust and the confidence of the people’.

Strangely, in paragraph 71, the Bench has proclaimed itself to be the ‘central pillar’ ofdemocracy but has rightly said that the ‘trust, faith and confidence of the citizens of the countryin the judicial system is sine qua non for the existence of rule of law’. This confidence is indeedstrengthened not by the resort to contempt powers but by the Court’s orders and judgments.Res ipsa loquitur is the old maxim, i.e. the thing speaks for itself. People have observed with anelement of frustration not only the Court’s reluctance in promptly hearing habeas corpuspetitions, the CAA and 370 petitions, but also the Court’s initial observations on the plight ofmillions of poor migrant workers and stay of payment of wages order. In an election year, theCourt did not consider it urgent enough to examine the validity of controversial electoral bondsbut had time for an open court hearing in a review in 2019 of Sabarimala. Though no error in thejudgment was pointed out, the review was still accepted. The innovative ‘sealed cover’jurisprudence and the Court’s over-indulgence in Assam’s National Register of Citizens and thennot saying a thing on its completion raised many an eyebrow. There were even four sittingjudges of the top court who, on January 12, 2018, held an unprecedented press conference on aworking day to ‘discharge their debt to nation’ as democracy, in their view, was under threat withthe ‘credibility of [the] court at stake’.

This is what worries many independent observers of our judiciary that the courts, of late, havebeen behaving more like the executive courts of erstwhile socialist countries. The only majorassertion of judicial independence in the recent past (other than the quashing of President’s

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Rule in Arunachal Pradesh) was the National Judicial Appointments Commission judgment(2015) where the Court struck down the constitutional amendment and the NJAC Act, 2014. Thiswriter does believe that the independence of the judiciary is indeed the right of people and not ofjudges. But then the fact remains that the top court in fact demonstrated its real mettle inbasically asserting the collegium’s power to select judges. Then why has the Court not shownsimilar resolve in upholding people’s liberties? The High Courts in the meanwhile, just like in the1975 Emergency, are widely applauded for passing some good orders though some of theseorders eventually got stayed by the Supreme Court.

Prashant Bhushan guilty of contempt | Prominent personalities express anguish

Indian judges make excessive use of contempt powers. As in the Indian Judiciary Report (2016-17) published by the Supreme Court, High Courts had 96,310 civil contempt cases, i.e. wilfuldisobedience of court judgments and orders on June 30, 2017. Thus, civil contempt is far moreserious generally committed by the government than so-called ‘scandalising of court’ by merestatement. Even the number of criminal contempt cases is also quite impressive with 586 cases.In A.K. Gopalan (1950), the majority took the positivistic view of Article 21 and expressed theirhelplessness as preventive detention law satisfied the requirement of ‘procedure established bylaw’. In ADM Jabalpur (1976), a majority, like in the Prashant Bhushan case, took the highlylegalistic view and held that since Article 21 is under suspension due to Emergency, the writ ofhabeas corpus cannot be claimed. Subsequent decades proved that in both the cases, majoritydecisions did disservice to the Court’s reputation and it were dissenting judges such as JusticeFazl Ali and Justice H.R. Khanna who had really enhanced people’s faith in the judiciary. TheCourt itself overruled these two judgments in Maneka Gandhi(1978) and K.S. Puttaswamy(2018).

In all contempt judgments, the Court has been using its powers in the name of the people andJustice Arun Mishra’s Bench merely relied on them. It cited the Brahma Prakash Sharma (1953)judgment, wherein the Supreme Court had justified contempt powers by observing that ‘it isintended to be a protection to the public whose interests would be very much affected if by theact or conduct of any party, the authority of the court is lowered and the sense of confidencewhich people have in the administration of justice by it is weakened’, and that contempt powersare to be invoked to restore this confidence. The top court had further elaborated that ‘suchconduct is punished as contempt for this reason that it tends to create distrust in the popularmind and impair the confidence of the people in the courts which are of prime importance to thelitigants in the protection of their rights and liberties’. Similarly, in Hira Lal Dixit (1955), the topcourt again referred to the ‘confidence of the people in the integrity of the judges’.

Prashant Bhushan guilty of contempt | What was the hurry, asks Justice Lodha

The Bench also quoted Justice V.R. Krishna Iyer judgment in S. Mulgaokar (1978) but preferredto overlook the learned judge’s real message.

Justice Krishna Iyer had observed that the normative guideline for judges to observe in contemptjurisdiction is not to be hypersensitive even where distortions and criticisms overstep the limits,but to ‘deflate vulgar denunciation by dignified bearing, condescending indifference andrepudiation by judicial rectitude’.

The Justice Arun Mishra-led Bench itself admitted that critics are the instruments of reform, butnot those actuated by malice; instead by those inspired by public weal. Is Mr. Bhushan’s longcareer as as a public interest litigation lawyer not the testimony of ‘public weal’ and an absenceof ‘malice’? Is it right to determine ‘good faith’ on the basis of mere extent of publication? In acountry of 1,312.2 million people (estimated in 2019), Twitter users constitute an insignificant

Page 58

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minority of an estimated number of over 34 million (2019), and Mr. Bhushan just has 1.6 millionfollowers. In fact tweets are not taken seriously by the people. One hopes the Court will considerthese in determining the sentence.

Just like the Supreme Court’s judgment on sedition in Kedar Nath Singh (1962), a merescurrilous attack against the courts/judges should not be punished if it does not lead to an actualobstruction of the judicial process. In Shiv Shankar (1988) and Rachapudi Subba Rao (2004),the Supreme Court itself had held that criticism of the court that does not impair and hamper theadministration of justice cannot be punished as contempt.

Ideally, the Bench should have given little more weightage to Justice Krishna Iyer’s observationthat ‘the court is willing to ignore, by a majestic liberalism, trifling and venial offences — the dogmay bark, the caravan will pass.’

Faizan Mustafa is Vice-Chancellor of NALSAR University of Law, Hyderabad. The viewsexpressed are personal

You have reached your limit for free articles this month.

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A select list of articles that match your interests and tastes.

We brief you on the latest and most important developments, three times a day.

*Our Digital Subscription plans do not currently include the e-paper ,crossword, iPhone, iPadmobile applications and print. Our plans enhance your reading experience.

Dear reader,

We have been keeping you up-to-date with information on the developments in India and theworld that have a bearing on our health and wellbeing, our lives and livelihoods, during thesedifficult times. To enable wide dissemination of news that is in public interest, we have increasedthe number of articles that can be read free, and extended free trial periods. However, we havea request for those who can afford to subscribe: please do. As we fight disinformation andmisinformation, and keep apace with the happenings, we need to commit greater resources tonews gathering operations. We promise to deliver quality journalism that stays away from vestedinterest and political propaganda.

Dear subscriber,

Page 59

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m

Thank you!

Your support for our journalism is invaluable. It’s a support for truth and fairness in journalism. Ithas helped us keep apace with events and happenings.

The Hindu has always stood for journalism that is in the public interest. At this difficult time, itbecomes even more important that we have access to information that has a bearing on ourhealth and well-being, our lives, and livelihoods. As a subscriber, you are not only a beneficiaryof our work but also its enabler.

We also reiterate here the promise that our team of reporters, copy editors, fact-checkers,designers, and photographers will deliver quality journalism that stays away from vested interestand political propaganda.

Suresh Nambath

Please enter a valid email address.

Subscribe to The Hindu now and get unlimited access.

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Start your 14 days free trial Sign Up

You can support quality journalism by turning off ad blocker or purchase a subscription forunlimited access to The Hindu.

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ENDDownloaded from crackIAS.com

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Source : www.pib.gov.in Date : 2020-08-21

UNION CABINET APPROVES SETTING UP OFNATIONAL RECRUITMENT AGENCYRelevant for: Indian Polity | Topic: Provisions related to UPSC, State PSCs and Civil Services in India, and their

Role in Democracy

Union Cabinet : New Delhi | 19 August 2020

 

The Union Cabinet chaired by Prime Minister Narendra Modi today approved the proposal to set up theNational Recruitment Agency (NRA), marking a paradigm shift in government recruitment. 

At present, candidates seeking government jobs have to appear for separate examinationsconducted by multiple recruiting agencies for various posts.  Candidates have to pay fee tomultiple recruiting agencies and also have to travel long distances for appearing in variousexams.

Approximately 1.25 lakh government jobs are advertised every year for which 2.5 croreaspirants appear in various examinations. A common eligibility Test would enable thesecandidates to appear once and apply to any or all of these recruitment agencies for the higherlevel of examination.

The NRA will conduct the Common Eligibility Test (CET) for recruitment to non-gazetted posts ingovernment and public sector banks.  This test  aims to replace multiple examinations conducted bydifferent recruiting agencies for selection to government jobs advertised each year, with single onlinetest.

Salient features.

Advantages for students

Advantages for Institutions

The Government also plans to provide outreach and awareness facility to assist candidates in rural andfar flung areas to familiarize them with the online examination system. 24x7 helpline will be set up foranswering queries, complaints and queries.

National Recruitment Agency will be a Society registered under the Societies Registration Act. It will beheaded by a Chairman of the rank of the Secretary to the Government of India. It will haverepresentatives of Ministry of Railways, Ministry of Finance/Department of Financial Services, the SSC,RRB & IBPS. The Government has sanctioned a sum of Rs. 1517.57 crore for the National RecruitmentAgency (NRA). The expenditure will be undertaken over a period of three years. It is envisioned that theNRA would be a specialist body bringing the state-of-the-art technology and best practices to the field ofCentral Government recruitment.

 

*

Follow us on social media:  @PIBMumbai    /PIBMumbai     /pibmumbai   pibmumbai@gmail.com

Union Cabinet : New Delhi | 19 August 2020

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The Union Cabinet chaired by Prime Minister Narendra Modi today approved the proposal to set up theNational Recruitment Agency (NRA), marking a paradigm shift in government recruitment. 

At present, candidates seeking government jobs have to appear for separate examinationsconducted by multiple recruiting agencies for various posts.  Candidates have to pay fee tomultiple recruiting agencies and also have to travel long distances for appearing in variousexams.

Approximately 1.25 lakh government jobs are advertised every year for which 2.5 croreaspirants appear in various examinations. A common eligibility Test would enable thesecandidates to appear once and apply to any or all of these recruitment agencies for the higherlevel of examination.

The NRA will conduct the Common Eligibility Test (CET) for recruitment to non-gazetted posts ingovernment and public sector banks.  This test  aims to replace multiple examinations conducted bydifferent recruiting agencies for selection to government jobs advertised each year, with single onlinetest.

Salient features.

Advantages for students

Advantages for Institutions

The Government also plans to provide outreach and awareness facility to assist candidates in rural andfar flung areas to familiarize them with the online examination system. 24x7 helpline will be set up foranswering queries, complaints and queries.

National Recruitment Agency will be a Society registered under the Societies Registration Act. It will beheaded by a Chairman of the rank of the Secretary to the Government of India. It will haverepresentatives of Ministry of Railways, Ministry of Finance/Department of Financial Services, the SSC,RRB & IBPS. The Government has sanctioned a sum of Rs. 1517.57 crore for the National RecruitmentAgency (NRA). The expenditure will be undertaken over a period of three years. It is envisioned that theNRA would be a specialist body bringing the state-of-the-art technology and best practices to the field ofCentral Government recruitment.

 

*

Follow us on social media:  @PIBMumbai    /PIBMumbai     /pibmumbai   pibmumbai@gmail.com

ENDDownloaded from crackIAS.com

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Source : www.pib.gov.in Date : 2020-08-21

CABINET APPROVES SETTING UP OF NATIONALRECRUITMENT AGENCY TO CONDUCT COMMONELIGIBILITY TESTRelevant for: Indian Polity | Topic: Provisions related to UPSC, State PSCs and Civil Services in India, and their

Role in Democracy

Cabinet approves creation of National Recruitment Agency (NRA), paving the way for atransformational reform in the recruitment process for central government jobs

 

NRA: A Multi-Agency Body to encompass the first level test by the Staff SelectionCommission (SSC), the Railway Recruitment Boards (RRBs) and the Institute of Banking

Service Personnel (IBPS)

 

Common eligibility Test (CET) to screen candidates at the first level for SSC, RRBs andIBPS

 

CET: A computer based online Common Eligibility Test (CET) for the Graduate, theHigher Secondary (12thpass) and the Matriculate (10th Pass) candidates as a path-

breaking reform.

 

CET in Every District: Ease of Access to Rural youth, women and disadvantagedcandidates

 

CET: Focus on access to Test Centres in Aspirational Districts

 

CET: Uniform Transformative Recruitment Process

 

CET In; Multiplicity of Exams Out

 

CET by NRA: Robust use of ICT to Eradicate Malpractices

 

CET: A first stage screening of eligible candidates

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CET to reduce Recruitment Cycle

 

NRA to conduct Mock Test for rural youth

 

NRA to have mock tests, 24x7 helpline and grievance redressal portal

 

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi has given its approval forcreation of National Recruitment Agency (NRA), paving the way for a transformational reform inthe recruitment process for central government jobs.

Recruitment Reform - a major boon for the youth

At present, candidates seeking government jobs have to appear for separate examinationsconducted by multiple recruiting agencies for various posts, for which similar eligibility conditionshave been prescribed. Candidates have to pay fee to multiple recruiting agencies and also haveto travel long distances for appearing in various exams. These multiple recruitment examinationsare a burden on the candidates, as also on the respective recruitment agencies, involvingavoidable/repetitive expenditure, law and order/security related issues and venue relatedproblems. On an average, 2.5 crore to 3 crore candidates appear in each of these examinations.A common eligibility Test would enable these candidates to appear once and apply to any or allof these recruitment agencies for the higher level of examination. This would indeed be a boonto all the candidates.

 

National Recruitment Agency (NRA)

A multi-agency body called the National Recruitment Agency (NRA) will conduct a CommonEligibility Test (CET) to screen/shortlist candidates for the Group B and C (non-technical) posts.NRA will have representatives of Ministry of Railways, Ministry of Finance/Department ofFinancial Services, the SSC, RRB & IBPS. It is envisioned that the NRA would be a specialistbody bringing the state-of-the-art technology and best practices to the field of CentralGovernment recruitment.

 

Access to Examination Centres

Examination Centres in every District of the country would greatly enhance access to thecandidates located in far-flung areas. Special focus on creating examination infrastructure in the117 Aspirational Districts would go a long way in affording access to candidates at a placenearer to where they reside. The benefits in terms of cost, effort, safety and much more wouldbe immense. The proposal will not only ease access to rural candidates, it will also motivate therural candidates residing in the far-flung areas to take the examination and thereby, enhancetheir representation in Central Government jobs. Taking job opportunities closer to the people is

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a radical step that would greatly enhance ease of living for the youth.

Major Relief to poor Candidates

Presently, the candidates have to appear in multiple examinations conducted by multipleagencies.  Apart from the examination fees, candidates have to incur additional expenses fortravel, boarding, lodging and other such. A single examination would reduce the financial burdenon candidates to a large extent.

 

Women candidates to benefit greatly

Women candidates especially from rural areas face constraints in appearing in multipleexaminations as they have to arrange for transportation and places to stay in places that are faraway. They sometimes have to find suitable persons to accompany them to these Centres thatare located far away. The location of test centres in every District would greatly benefitcandidates from rural areas in general and women candidates in particular.

 

Bonanza for Candidates from Rural Areas

Given the financial and other constraints, the candidates from rural background have to make achoice as to which examination they want to appear in.  Under the NRA, the candidates byappearing in one examination will get an opportunity to compete for many posts.  NRA willconduct the first-level /Tier I Examination which is the stepping stone for many other selections. 

 

CET Score to be valid for three years, no bar on attempts

The CET score of the candidate shall be valid for a period of three years from the date ofdeclaration of the result.  The best of the valid scores shall be deemed to be the current score ofthe candidate.  There shall be no restriction on the number of attempts to be taken by acandidate to appear in the CET subject to the upper age limit. Relaxation in the upper age limitshall be given to candidates of SC/ST/OBC and other categories as per the extant policy of theGovernment. This would go a long way in mitigating the hardship of candidates who spend aconsiderable amount of time, money and effort preparing and giving these examinations everyyear. 

 

Standardised Testing

NRA shall conduct a separate CET each for the three levels of graduate, higher secondary (12thpass) and the matriculate (10th pass) candidates for those non-technical posts to whichrecruitment is presently carried out by the Staff Selection Commission (SSC), the RailwayRecruitment Boards (RRBs) and by the Institute of Banking Personnel Selection (IBPS).  Basedon the screening done at the CET score level, final selection for recruitment shall be madethrough separate specialised Tiers (II, III etc) of examination which shall be conducted by therespective recruitment agencies. The curriculum for this test would be common as would be thestandard. This would greatly ease the burden of candidates who are at present required to

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prepare for each of the examinations separately as per different curriculum.

 

Scheduling Tests and choosing Centres

Candidates would have the facility of registering on a common portal and give a choice ofCentres. Based on availability, they would be allotted Centres. The ultimate aim is to reach astage wherein candidates can schedule their own tests at Centres of their choice.

 

OUTREACH ACTIVITIES BY NRA

 

Multiple languages

The CET would be available in a number of languages. This would greatly facilitate people fromdifferent parts of the country to take the exam and have an equal opportunity of being selected.

 

Scores – access to multiple recruitment agencies

      Initially the scores would be used by the three major recruitment agencies. However, over aperiod of time it is expected that other recruitment agencies in the Central Government wouldadopt the same. Further, it would be open for other agencies in the public as well as privatedomain to adopt it if they so choose. Thus, in the long run, the CET score could be shared withother recruiting agencies in the Central Government, State Governments/Union Territories,Public Sector Undertaking and Private Sector. This would help such organizations in savingcosts and time spent on recruitment.

 

Shortening the recruitment cycle

      A single eligibility test would significantly reduce the recruitment cycle. Some Departmentshave indicated their intention to do away with any second level test and go ahead withrecruitment on the basis of CET scores, Physical Tests and Medical examination. This wouldgreatly reduce the cycle and benefit a large section of youth.

   

Financial Outlay

          The Government has sanctioned a sum of Rs. 1517.57 crore for the National RecruitmentAgency (NRA). The expenditure will be undertaken over a period of three years. Apart fromsetting up the NRA, costs will be incurred for setting up examination infrastructure in the 117Aspirational Districts.

 

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VRRK/AKP

Cabinet approves creation of National Recruitment Agency (NRA), paving the way for atransformational reform in the recruitment process for central government jobs

 

NRA: A Multi-Agency Body to encompass the first level test by the Staff SelectionCommission (SSC), the Railway Recruitment Boards (RRBs) and the Institute of Banking

Service Personnel (IBPS)

 

Common eligibility Test (CET) to screen candidates at the first level for SSC, RRBs andIBPS

 

CET: A computer based online Common Eligibility Test (CET) for the Graduate, theHigher Secondary (12thpass) and the Matriculate (10th Pass) candidates as a path-

breaking reform.

 

CET in Every District: Ease of Access to Rural youth, women and disadvantagedcandidates

 

CET: Focus on access to Test Centres in Aspirational Districts

 

CET: Uniform Transformative Recruitment Process

 

CET In; Multiplicity of Exams Out

 

CET by NRA: Robust use of ICT to Eradicate Malpractices

 

CET: A first stage screening of eligible candidates

 

CET to reduce Recruitment Cycle

 

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NRA to conduct Mock Test for rural youth

 

NRA to have mock tests, 24x7 helpline and grievance redressal portal

 

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi has given its approval forcreation of National Recruitment Agency (NRA), paving the way for a transformational reform inthe recruitment process for central government jobs.

Recruitment Reform - a major boon for the youth

At present, candidates seeking government jobs have to appear for separate examinationsconducted by multiple recruiting agencies for various posts, for which similar eligibility conditionshave been prescribed. Candidates have to pay fee to multiple recruiting agencies and also haveto travel long distances for appearing in various exams. These multiple recruitment examinationsare a burden on the candidates, as also on the respective recruitment agencies, involvingavoidable/repetitive expenditure, law and order/security related issues and venue relatedproblems. On an average, 2.5 crore to 3 crore candidates appear in each of these examinations.A common eligibility Test would enable these candidates to appear once and apply to any or allof these recruitment agencies for the higher level of examination. This would indeed be a boonto all the candidates.

 

National Recruitment Agency (NRA)

A multi-agency body called the National Recruitment Agency (NRA) will conduct a CommonEligibility Test (CET) to screen/shortlist candidates for the Group B and C (non-technical) posts.NRA will have representatives of Ministry of Railways, Ministry of Finance/Department ofFinancial Services, the SSC, RRB & IBPS. It is envisioned that the NRA would be a specialistbody bringing the state-of-the-art technology and best practices to the field of CentralGovernment recruitment.

 

Access to Examination Centres

Examination Centres in every District of the country would greatly enhance access to thecandidates located in far-flung areas. Special focus on creating examination infrastructure in the117 Aspirational Districts would go a long way in affording access to candidates at a placenearer to where they reside. The benefits in terms of cost, effort, safety and much more wouldbe immense. The proposal will not only ease access to rural candidates, it will also motivate therural candidates residing in the far-flung areas to take the examination and thereby, enhancetheir representation in Central Government jobs. Taking job opportunities closer to the people isa radical step that would greatly enhance ease of living for the youth.

Major Relief to poor Candidates

Presently, the candidates have to appear in multiple examinations conducted by multipleagencies.  Apart from the examination fees, candidates have to incur additional expenses for

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travel, boarding, lodging and other such. A single examination would reduce the financial burdenon candidates to a large extent.

 

Women candidates to benefit greatly

Women candidates especially from rural areas face constraints in appearing in multipleexaminations as they have to arrange for transportation and places to stay in places that are faraway. They sometimes have to find suitable persons to accompany them to these Centres thatare located far away. The location of test centres in every District would greatly benefitcandidates from rural areas in general and women candidates in particular.

 

Bonanza for Candidates from Rural Areas

Given the financial and other constraints, the candidates from rural background have to make achoice as to which examination they want to appear in.  Under the NRA, the candidates byappearing in one examination will get an opportunity to compete for many posts.  NRA willconduct the first-level /Tier I Examination which is the stepping stone for many other selections. 

 

CET Score to be valid for three years, no bar on attempts

The CET score of the candidate shall be valid for a period of three years from the date ofdeclaration of the result.  The best of the valid scores shall be deemed to be the current score ofthe candidate.  There shall be no restriction on the number of attempts to be taken by acandidate to appear in the CET subject to the upper age limit. Relaxation in the upper age limitshall be given to candidates of SC/ST/OBC and other categories as per the extant policy of theGovernment. This would go a long way in mitigating the hardship of candidates who spend aconsiderable amount of time, money and effort preparing and giving these examinations everyyear. 

 

Standardised Testing

NRA shall conduct a separate CET each for the three levels of graduate, higher secondary (12thpass) and the matriculate (10th pass) candidates for those non-technical posts to whichrecruitment is presently carried out by the Staff Selection Commission (SSC), the RailwayRecruitment Boards (RRBs) and by the Institute of Banking Personnel Selection (IBPS).  Basedon the screening done at the CET score level, final selection for recruitment shall be madethrough separate specialised Tiers (II, III etc) of examination which shall be conducted by therespective recruitment agencies. The curriculum for this test would be common as would be thestandard. This would greatly ease the burden of candidates who are at present required toprepare for each of the examinations separately as per different curriculum.

 

Scheduling Tests and choosing Centres

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Candidates would have the facility of registering on a common portal and give a choice ofCentres. Based on availability, they would be allotted Centres. The ultimate aim is to reach astage wherein candidates can schedule their own tests at Centres of their choice.

 

OUTREACH ACTIVITIES BY NRA

 

Multiple languages

The CET would be available in a number of languages. This would greatly facilitate people fromdifferent parts of the country to take the exam and have an equal opportunity of being selected.

 

Scores – access to multiple recruitment agencies

      Initially the scores would be used by the three major recruitment agencies. However, over aperiod of time it is expected that other recruitment agencies in the Central Government wouldadopt the same. Further, it would be open for other agencies in the public as well as privatedomain to adopt it if they so choose. Thus, in the long run, the CET score could be shared withother recruiting agencies in the Central Government, State Governments/Union Territories,Public Sector Undertaking and Private Sector. This would help such organizations in savingcosts and time spent on recruitment.

 

Shortening the recruitment cycle

      A single eligibility test would significantly reduce the recruitment cycle. Some Departmentshave indicated their intention to do away with any second level test and go ahead withrecruitment on the basis of CET scores, Physical Tests and Medical examination. This wouldgreatly reduce the cycle and benefit a large section of youth.

   

Financial Outlay

          The Government has sanctioned a sum of Rs. 1517.57 crore for the National RecruitmentAgency (NRA). The expenditure will be undertaken over a period of three years. Apart fromsetting up the NRA, costs will be incurred for setting up examination infrastructure in the 117Aspirational Districts.

 

VRRK/AKP

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Source : www.hindustantimes.com Date : 2020-08-29

THE CRISIS IN FISCAL FEDERALISMRelevant for: Indian Polity | Topic: Issues and Challenges Pertaining to the Federal Structure, Dispute Redressal

Mechanisms, and the Centre-State Relations

Aug 29, 2020-Saturday-°C

Humidity-

Wind-

Delhi, Mumbai, Chennai, Kolkata

Noida, Gurgaon, Bengaluru, Hyderabad, Bhopal , Chandigarh , Dehradun, Indore, Jaipur,Lucknow, Patna, Ranchi

Powered by

In July 2017, 28 state governments agreed to give up their sovereign right to levy taxes to makeway for the Goods and Services Tax (GST). They agreed to do so because the centralgovernment put in an insurance clause, guaranteeing a 14% annual increase in their revenuesup to 2022. Meeting this commitment has become increasingly challenging. In a GST Councilmeeting held on Thursday, the Centre has asked the states to borrow money to meet an(expected) shortfall of Rs 2.35 lakh crore in the promised compensation this year. Of this, it hasestimated Rs 97,000 crore as arising from GST implementation — a narrow technical definitionthat gives it a possible way out of paying the remaining Rs 1.38 lakh crore , which it attributes toCovid-19.

The Centre will approach the Reserve Bank of India (RBI) to facilitate this process and therepayments will done by extending the duration of cess on luxury and sin goods. But financeministers of many Opposition-ruled states have objected, arguing that it is the Centre whichshould have borrowed the money rather than states. These objections are valid when read withthe spirit of the GST law. The final decision will be taken next week, when the Council meetsagain. The states are already in a tight spot. Pending arrears for GST compensation payment tostates from April-July 2020 stand at Rs 1.5 lakh crore. While the Centre has claimed that therevenue situation will improve over rest of the year and the total shortfall this year will becontained to Rs 2.35 lakh crore, there is no guarantee on this count. Many private projectionsestimate that the economy will remain in contraction zone until December.

GST is not the only revenue head under strain. The states will also have to contend with a bigshortfall in their own revenues and lower transfers from the Centre for direct taxes and otherindirect taxes. A growing share of non-divisible pool of central taxes, such as the windfall taxgains from fall in crude oil prices, will mean that the states bear a greater burden of the revenueshortfall due to the pandemic. The states are doing most of the heavy lifting in fighting the healthand economic consequences of the pandemic. The uncertainty on GST compensationpayments, along with a huge shortfall in states’ share in other central taxes, means that India’sfiscal federalism is facing its biggest crisis in a long time.

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